(DOWNLOAD) "First National Bank & Trust Company Fargo" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free
eBook details
- Title: First National Bank & Trust Company Fargo
- Author : Supreme Court of North Dakota
- Release Date : January 07, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This matter reaches us pursuant to a writ of certiorari issued under the provisions of § 7, chapter 165, N.D. Session Laws 1939. The petitioner is the holder of a sheriff's certificate of sale covering lot 10, block 7, of the original town site of the city of Fargo. The statutory period of redemption would have expired on May 2, 1939, had the mortgagor not applied for an extension thereof in accordance with the provisions of chapter 165, supra. The period of redemption was first extended by order of the district court to November 2, 1939. Later a second extension was granted to July 1, 1940. On June 14, 1940, the mortgagor presented to the district court a third petition in which he asked that the period of redemption be extended to July 1, 1941. Whereupon the court forthwith issued an order to show cause why the prayer of the petitioner should not be granted which order also provided that, ""in the meanwhile the said The First National Bank and Trust Company of Fargo and the sheriff of Cass county, North Dakota, are hereby restrained from taking any further steps toward issuing a sheriff's deed to the said premises until the further order of this court."" The order to show cause was served June 15, and was returnable on July 2, 1940. Thus it appears that the order was served before, but was returnable after, the expiration of the period of redemption provided in the second extension. The order to show cause was not heard on the return day. The matter was continued by mutual agreement of the parties until July 26, 1940, when the hearing was held. On July 31, 1940, the court issued an order granting a third extension of the period of redemption to July 1, 1941. The certiorari to this court brings before us for review the third order extending the period of redemption and attendant proceedings. The petitioner in this court contends that the title to the premises vested in it not later than 12:01 A.M., July 2, 1940, that at that time the period of redemption expired and the court was thereafter without jurisdiction or power to further extend such period.
 "First National Bank & Trust Company Fargo" by Supreme Court of North Dakota # eBook PDF Kindle ePub Free){kind=link}