Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1913-06-17

work by pretending to be busy with
numerous women's clubs. and explains
her contributions to the family ex'
checquer by stating that they have
been remembered by a wealthy aunt
Complications galore arise when the
aunt arrives on the scene from her
little farm, and though first seen hV
the absence Of fraud. undue advan.
tage or prejudice. Grove 4 Fultz vs.,
Loan Co., II N. d. 1862.
8. Where the mortgage, at a sale
under n foreclosure Of a second mort.
gage by advertisement, bids the
amount due upon his mortgage, with
costs OF foreclosure. and Is the high
est bidder, the amount so bid cannot
be held ma inadequate prive under the
circumstances. and the adequacy OF
inadequacy of the price Is not meas
ured by exactly the same ConSiderl.
tons that would determine the ques.
ton were It ut a public auction for
other purposes, as 1t cannot be as
sumed that the law C0ntenplates
that a mortgage, to protect his debt
and security, must advance, under
such circumstances, an amount per
hapS several times the debt for the
protection of the small sun secured
To hold that he must do so would, In
many cases, impose Il burden upon
him which would render his security
valueless. r'~.
4. The presence and participation
of more than one bidder at a fore.
closure sale by advertisement. when
proper and legal notice has been Civ
en- thereof. is not necessary to a le'
gal sale. 1t Is sufficient if the pub
lie has been fully advised of the sale
by legal publication. of notice. and
has the right and opportunity to at.
tend and bid. FM
5. Section 2279, r. G. of 1905, pre-
scribes the qualifications that a news
paper must possess to entitle 1t to
publish legal notices, and it is not
for the Court, in the absence OF
fraud, to overturn the Legislative
judgment on the subject and set
asid a foreclosure sale where the adj
vertisement was published in a news
paper qualified under said section.
because It may not have had as great
a circulation in the Vicinity OF the
land as some other paper published IN
the county.
g.. The m~ortgagOr, on foreclosure
of a mortgage by advertisement under
4 power of sale. the advertisement
being published in a newspaper pub
lished In the county in which the
land is situated, and qualified under
the provisions Of section 2279, K. {.
of 1905. to publish legal notices, Is
charged with knowledge of the fore
closure proceedings, and the fact that
he has no actual knowledge thereof
is not, under ordinary circumstances.
evidence Of fraud or bad faith; and
the notice so published has the same
binding force that a foreclosure by
action has when the defendants there
in are personally served with pro
cess. Grove & FultZ VS.. Loan Co..
II n. d. 1852. ....,...
I. Six publication in six success
sive weeks. the last publication being
the day before the sale. in a fore
closure under power of sale contain
ed in the mortgage, fills the require
ments Of section 7459, r. C. of 1898
which requires that notice be given
by publication six times, once in each
week for six successive weeks.
paid .interestvon a first mortgage att,
err the institution of foreclosure pro
ceedings under a second mortgage
and that the mortgage so forecloslns
did not ascertain that fact and pre-
vent his doing so. and the further
fact that the mortgagor paid taxes
on the premises after commencement
of foreclosure proceedings, is not
reason for vacating the sale, and par
ticularly when it is not shown that
the mortgage had knowledge o.
| these facts. and when. if known, lie
her niece and prevailed upon to keep
up the deception, finally imbibes too
| freely Of champagne and lets the ca
| out of the bag to the husband. The
| aunt. too, unwittingly at the same
| time remarks what she has seen 60
ing on between the wife and her bust
| ness manager and thereby bring:
F.. about a separation between husband
and wife.
After the successful production o
| the play, Susan" which is the dram
! ~atization of the wife's book, made by
| the husband, a happy reconciliation
| follows when the leading woma,
makes known the identity of the All
| thor of the novel.
Della Clarke, the author appears II
| the dual role of the wife and Francis
Everton. the novelist, Clara kral
plays the part of the actress, tht
mirth provoking role Of the aunt |:
interpreted by Josie Morris Sullivan;
Henry Pemberton does the husband
who is the unsuccessful author will
a weakness for atinities; Gordon ID
Maine portrays the part Of the bus
ness manager: Cyrus Martin, Heller
Everett and Martin Mueller have In
portant comedy roles.
:: : {: - !: !. :: = =
i: BISMARCK OVERLANOERS
:: WERE At GARRISON !
/: Garrison independent: We :
= we're out for a little spin last :
/: Friday evening and when we :
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