The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-07-12
county, N. Dak., Respondent And
Appellant

II county, ~. Uak., hesponoent' sso
Appellant
HsAn.h Messf.Es slng..ry!, !. cor =.
Syiisbus: 1. S0bdfvision q of Sec
ton 77sO, C. L. 1918. requiring : re-
demptioner to produce to the officer
or person from whom he seeks to
redeem, copy Of IN assignment
necessary to establish his claim, verb
fled by the affidavit Of himself or OF
= subscribing witness thereto, 10 tor
the purpose Of showing the officer
or person from whom he seeks TO
redeem, that he 10 in fact . redemp-
toner entitled to redeem and the
production Of the original assignments
oil >morteage under which the redemp-
TONER claims the right to redeem Is
= substantial compliance with the
statute, and copies need not be prod
ueed and filed with the sheriff, when
the sheriff accents the original as
signments and issued = certificate Of
redemption.
2. The purpose Of filing the redemp-
ton papers provided for in section
778O IS to inform other lien creditors
Of the amount they will have to pay
If they choose to redeem, (and to
protect the certificate of sale holder
against persons not entitled to
8. The plaintiff is not a redemp-
toner, his rights are protected under
section 1854 C. L. 1918, which>>prov-
ides, "the judgment debtor or redemp-
toner may redeem the property from
the purchaser within one year after
the sale, on paying the purchaser the
amount~of his purchase with interest,
and section 7750 G. L. 1913 which
provides that the payment NAV be
made to the purchaser or for him to
the officer who made the sale, and
the full amount Of plaintiffs claim
| including interest was in the case 1T
bar paid to the officer who made the
sale and who holds the same for the
| plaintiff. This is all he is entitled
Appeal from the District Court Of
Williams county, John G. Lowe. Judge.
| REVERSED and application for
writ Of mandamus denied.
| Opinion of the Court by Burke, j.
| Fisk, Craven & Taylor, Williston.
North Dakota, Attorneys for Appel
lants.
E. B. Goss, Minot, North Dakota. and
VIM. C.. Owens, Williston, North Da-
kota, Attorneys for Petitioner, Re-
i spondent.
The First National Bank Of Williston.
a corporation, Plaintiff and Appel
liant,
Emma C. Burdick, Defendant and Re-
sp0ndent.
| Syllabus: "a. In an action upon a
promiss0r" note given for the ac-
commodation of third party. the
defense was that such third party had
given to the payee collateral notes
which were accepted by the payec in
satisfaction Of the liability Of the
accommodation maker. The evidence
IS examined and held sufficient to
support the verdict in favor Of the
defendant.
(2). Where specific admissions
are excluded, but where it appears
that the facts admitted are other
wise in substance before the jury, the
exclusion of the specific admissions
is held not to be prejudicial.
Appeal from the District Court OF
Williams county. Hon. Jno. C. Lowe,
AFFIRMED. Opinion of the Court
by Birdzell, J. Burke. j., disqualified,
did not participate. Hon. Fred JAMS
onius, Judge Of the Fourth Judicial
District. sitting in his stead.
Fisk, Craven & Taylor, Willis4on.
n. D.. Attorneys for Appellant.
E. r. Sinkler and O. O. Brekke,
minot, NJ OAK. and u. L. Burdick,
Fargo. Nd, Attorneys for Respond
ent.