Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-07-19

fore his right Of redemption is fore
closed. r. G. 1905, section GAL.
The provision of section 1854 r. c..
1905, that the certificate given on
the execution Of a power of sale con-
tanned in mortgage shall have the
same vitality and effect as the GER
tificate of sale in like manner fur
nished upon the sale of real proper
ty upon execution, provided for by
section 7137, R. G.. 1905, does not
relate to the effect of the act of sale,
but to the validity and effect of the
certificate.
The certificate Of sale in such case
is only evidence of what transpired
for the purpose of record, notice, to
protect purchasers against interven-
ing claims, and to show who may be-
come entitled to a deed, and it con-
veys no title.
a foreclosure SALE under power
contained in the mortgage which con-
veys the title of the mortgagor Is in
a legal sense the complete foreclosure
proceedings beginning with the act
of sale and terminating with the ex-
ecution of the deed after the expira-
tion of the period allowed for re-
demption It includes all the pro-
ceedings for the foreclosure of the
right Of redemption by sale and deed.
The title conveyed by such COM
pleted foreclosure sale is all the right
title and interest in and to the mort
gagged premises which the mortgagor
possessed at the time the mortgage
was executed or which was subse-
quently acquired by him.
The phase con the property sold
in the statutory definition of re-
demptioner is being one holding "a
lien by judgment or mortgage on the
property sold' applies to the land or
premises as those words are com
monty used.
The holder of a mortgage given
after the act of sale under a prior
mortgage, and before the expiration
of the period, allowed for redemp-
ton from such sale is a redemption
er.
The sale in the exercise of power
contained in a mortgage which con-
veys the title of the mortgag or, is
the sale as completed by the execu-
ton Of deed at the expiration OF
the period allowed by redemption.
The fact that mortgage given
after the act Of sale occurred on q
prior mortgage, and before the ex.
piration of the period allowed for re.
demption, is not recorded until after
the expiration of one year from the
!; sale, but is recorded within the sixty
days additional allowed where there
has been a redemption, does not de.
prive the holder of the last mortgage
given, of the right to redeem or
complying with the other statutory
requirements.
(Syllabus by the court.)
| Appeal from the district court o.
Pierce county; Hon. G. J. Fisk
! judge, presiding by request. S#
Action to determine adverse claims
to real property. From judgment
in favor of plaintiff, defendant ap
| peals. Reversed.
Guy l.. Whitmore, for appellant.
Scott, Rex and Engerud, Holt and
| Frame, for counsel.
A. E. Coger and Guy G. H. Corless
for respondent. ... -.
Opinion by Spalding, J.
All concur. +.
Fisk, j. disqualified; Hon. G. F
Templeton, judge of the First judi.
cial district, sitting by request.
Filed July II, 1908.
G. B. Nystrom, plaintiff, VS.. Chas. #
Tenpleton, as district judge of the
First judicial district, defendant.
On the facts disclosed by the rec
ord, application for a writ of pro
| hibition is denied.
Where remittur has been reg
| u1arly issued and transmitted to the
district court, the appellate court has
lost Jurisdiction, but when irregular.
ly. inadvertently, or enormously is
sued, such court does not lose juris
diction, but may recall for the pur
pose of correcting any error or mis-