The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-01-16
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8 Supreme Court Decisions "


Robert Blessett, ct. AL, plaintiff and
appellants, VS.. f. L.. Turcotte, ct AL,
defendants and respondents.
1. A mortgage who. after condi-
ton broken, but before foreclosure,
enters upon the mortgaged premises
and takes possession thereof, will be
presumed to do SO for the purpose Of
collecting the rents and profits, and
Of applying them upon the mortgage
debt.
2. Such mortgage does not hold
adversely to his mortgagor under sec
tion 6793, revised code OF 1906. The
ten year statute Of limitations will not,
therefore. begin to against an &C
ton for redemption, until he asserts a
claim as a purchaser under a fore
closure sale, or TOM other claim in
consistent with that of a mere lien
holder. or until a tender of the mort
gage debt has been made, and he has
refused to surrender the possession
Of the land.
3. In an action to redeem from a
mortgage in possession. PLAINTIFF is en-
titled to an accounting from such
mortgage Of the rents and profits
during the latter's occupancy Of the
premises, and where, for n reason.
such accounting is not or cannot be
made, plaintiff will be permitted, in
lieu thereof. to ecove from such
mortgage in possession the reason
able rental value of such premises.
(Syllabus by the court.)
Appeal from the district court of
Towner county, Buttz. special judge.
Action to quiet title to land. Judg-
ment for the defendants. Plaintiffs
appeal. Reversed.
Robinson and Lemke; ]. E. Robin
son, for apDellants.
Fred F.. Harris; EnEerud. Holt and
Frame, for respondents.
Opinion by Bruce. J.
Asa j. Styles and Theodore Koffel.
partners as Styles & koffel, plaintiffs
and respondents vs.. George. H. Dickes.
and Ed. Erickson. as sheriff. .(succes-
sor to N. G. Meyer), defendants and
appellants.
% Under the record respondents
motion to strike out the settled state.
ment Of the ease Is denied.
(e) Where the last day of the year
from the day of sale on mortgage
foreclosure had falls on Sunday, a
holiday under the statute, redemption
on the Monday following is permitted
under section 6735, revised code of
1906.
go The day Of sale in determin.
ing the period within which redemp.
ton may be made is excluded.
90 The owner is entitled to re-
deem by the payment to the certificate
holder of the purchase price with
twelve per cent interest thereon
where no taxes OF assessments have
been paid by such purchaser.
CD Such purchaser cannot com.
pei payment by the owner ~effectins re-
demption of any other liens either
prior or subsequent owned by the
purchaser at the time of redemption
from the sale.
co The owner to effect redemp.
ton need no file with the register Of
deeds o serve upon the sheriff any
written notice Of redemption, az must
be done where redemption is made by
a .redemptioner az distinguished from
a moftgagor or owner OF the equity
of redemption.
% The parties by their pleadinRs
having both sought an adjudication OF
all liens and interplead the same in
this action brought az. an action TO de-.
termine adverse claims and 90 tried
below, this court will admihister full
equitable relief within the scope of the
pleadings and the proof. and 1t il
held: (a) The certificate, Of redemp-
ton was properly issued and cancel.
led the certificate of sale. (bj An
accounting is had for payments made
by: collection Of collateral security by
mortgages and the same is applied