Harney v. Wirtz
North Dakota Supreme Court
From a judgment of the District Court of Benson County, E. E. Leighton, Special Judge, defendants appeal. The habendum clause in the mortgage relates entirely to the chattel mortgage feature of the instrument. The entire instrument is merely a chattel, and not a real estate mortgage. Mortgage Bank & Invest. Co. v. ITanson, 3 N. D. 465, 57 N. W. 345. A written contract supersedes all prior or accompanying oral negotitations touching its subject-matter.
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From a judgment of the District Court of Benson County, E. E. Leighton, Special Judge, defendants appeal. The habendum clause in the mortgage relates entirely to the chattel mortgage feature of the instrument. The entire instrument is merely a chattel, and not a real estate mortgage. Mortgage Bank & Invest. Co. v. ITanson, 3 N. D. 465, 57 N. W. 345. A written contract supersedes all prior or accompanying oral negotitations touching its subject-matter. Rev. Codes 1905, §§ 5333, 6153, Comp. Laws 1913, §§ 5889, 6729; National German American Bank v. Lang, 2 N. D. 66, 49 N. W. 414; N. D. Comp.…
1Opinion of the CourtChristianson, J.
This is an action for the foreclosure of a mortgage. The plaintiff obtained judgment in the court below for a foreclosure of the mortgage, and the defendant appeals from the judgment and asks for a trial de novo in this court. The only question presented in this case arises upon the construction of the mortgage sought to be foreclosed, which is in words and figures as follows:
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*299This instrument was duly signed, witnessed, and acknowledged, and on the 14th day of June, 1904, was recorded as a real estate mortgage in the office of the register of deeds of Benson county, and also filed in .that…
2Cases cited3 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- Mortgage Bank & Investment Co. v. HansonNorth Dakota Supreme Court · 1894
3Cited by29 opinions
- Pacific Indemnity Co. v. California Electric Works, Ltd.California Court of Appeal · 1938
- Pamida, Inc. v. MeideNorth Dakota Supreme Court · 1995
- Brunsoman v. ScarlettNorth Dakota Supreme Court · 1991
- Gawryluk v. PoynterNorth Dakota Supreme Court · 2002
- In Re Estate of JohnsonNorth Dakota Supreme Court · 1973
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