Teigen v. Drake
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Action by Ole Teigen against Robert J. Drake. Judgment for defendant, and plaintiff appeals. Chapter 120, Laws 1901, is wholly inoperative so far as the mortgage in suit is concerned, it having been- passed Feb. 27, 1901, when more than ten years had already run since the right to foreclose accrued, said act having an emergency clause.
Read the full summary
Appeal from District Court, Nelson county; Fisk, J. Action by Ole Teigen against Robert J. Drake. Judgment for defendant, and plaintiff appeals. Chapter 120, Laws 1901, is wholly inoperative so far as the mortgage in suit is concerned, it having been- passed Feb. 27, 1901, when more than ten years had already run since the right to foreclose accrued, said act having an emergency clause. Merchants National Bank v. Braithwaite, 7 N. D. 358, 75 N. W. 244; Osborne v. Lindstrom, 9 N. D. 1, 81 N. W. 72. There being no statute limiting the time within which a mortgage containing a power of sale is…
1Opinion of the CourtEngertjd, J.
This is an action to foreclose a mortgage on real property. The statute of limitations was the only defense, and that plea was sustained by the trial court. The plaintiff has appealed from the judgment. No statement of the case was *507settled, but the appellant assigns error on the judgment roll. It is conceded that the statute had run against tine right to maintain this action; but appellant contends that the defendant is estopped to plead that defense.
On the .30th day of July, 1903, in an action to quiet title and determine adverse claims to the land in question, commenced by the respondent,…
2Cited by7 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Dolajak v. State Automobile & Casualty UnderwritersNorth Dakota Supreme Court · 1977
- Knutson v. EkrenNorth Dakota Supreme Court · 1942
- Hansen v. BrannerNorth Dakota Supreme Court · 1925
- Boschker v. Van BeekNorth Dakota Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.