Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-05-06
SUPREME. COURT.

SUPREME. COURT.
PUBLICATION ONCE EACH WEEK
FOR SIX. SUCCESSIVE WEEKS
SUFFICIENT FOR MORTGAGE
E FORECLOSURE. ,.?= +. Z : y ~
The supreme court of North Dakota
handed down an important decision in
the case Of e. B. Grandin, appellent,
vs.. Gunder G. Emm ons, et al, respond
ents-ap appeal from the district court If
Trail Trail county. The judgment Of the
lower lower court is reversed The opinion
is by Young, j., and the syllabus is as
follows: %s-2 %g-ST .u>%- Z /, II ~
4 written assignment of real es-
tate mortgage, the execution tof which
is acknowledg dged before notary pub
lie Of another state, is entitled to be
read il evidence under the provisions
of section 5696, Revised Codes, with
out further proof when the certificate
Of acknowledgment attached thereto is
authenticated by the signature and off,
,elal seal of such notary 1t is; not
necessary to have attached thereto
the certificate of an Ger of; higher
rank to the official character and sig
nature of such notary.
A notice of mortgage foreclosure
sale by advertisement which is pub
llshed six times, once in each week,
fo1 six successive weeks before the
sale is a sufficient compliance with
section 584S, Revised Codes, regulating
the publication of notices. Mcdonald
vS. The Nordyke Co., 9 N. D., S3 N. W.
Rep. followed. .r
In this state power of sale inserted
il. a real estate mortgage is power
coupled with an interest and is ,.ot re-
voked or suspended by the death of the
nortgagor, and when SO exercise,l, and
redemption is not made as provided
BY law, is effective to cut off the right
OF redemption Of the heir of such de-
cased mortgagor.
81. FATAL TAX DESCRIPTION.
In the following decision the su-
preme court affirms the judgment of
Judge Fisk in the Nelson county case
q. Albert E. Sheets, respondent, VS..
John A. Paine, appellant, and confirms
the well known rule that tax deed is
absolutely void where the law relating
to revenue and taxation, advertising
and sale is not stfictly complied with.
The syllabus is as follows-Wallin, j.,
writing the opinion: i
This action was brought to foreclose
mortgage upon lands situated in Mel
son county, described as follows: The
south half and the northwest quarter
OF the southwest quarter of section 1S,
and the northwest quarter of the
southwest quarter of section 10, all in
township number $50 north of range
IS west. 49,
T.: The defendant Paine answered the
complaint and alleged title in himself
To the lands under tax deed issued
pursuant to a tax sale for the taxes of
1890. The tax deed is regular on it's
face and is in the form prescribed by
section Z of chapter 100, laws of 1891.
None of the lands were attempted
TO be described in the assessment book
OF 1890 except as follows: In the col
umn OF said book headed description,
and opposite the name of the owner,
the following letters and figures are
written, IS. E. S. w. W. 2 S. w. 4"
which letters and figures We're opposite
the figures IS in the assessment book
IN the section column. Under the
owners name were certain ditto marks
and opposite these in the column
headed description were the following
letters and figures: IN. w. 4 N. w. f.,
and these were followed by the figures
~ S IN the section column. There was
no m town or range stated opposite these
letters and figures in. the assessment
book; nor was there an attempt to in
tdicate either by figures or ditto marks
in what town or range said sections
IS and 10 were situated. Against OBJ
lection defendent offered oral evidence
tending to show that the lands were
in fact situated in township 100 Of
range 5s. Held, that the description
was fatally detective. and could not be
cured BY oral evidence. The assess
& irrnent was totally void and the defect
in the description was one going to the
ground work of the tax and is jurisdic-
stional. The tax deed ii question
which Is based on a sale for said taxes
OF 500 is void.
Z Held, further, that certain tax re-
ceipts and redenap lion certificates Of
fered ili evidence and referred to In