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PALMER v. ADMINISTRATRIX OF ESTATE OF DRUMMOND

No. 7768.

95 N.W.2d 178 (1959)

Application of Rebecca PALMER, as Administratrix of the Estate of Archibald Drummond, Deceased, for an Order Directing Foreclosure of Mortgage by Action. William DRUMMOND, Appellant, v. ADMINISTRATRIX OF ESTATE OF Archibald DRUMMOND, Deceased, Respondent.

Supreme Court of North Dakota.

February 19, 1959.

Attorney(s) appearing for the Case

William R. Mills, Bismarck, for appellant.

Duffy & Haugland, Devils Lake, for respondent.

SATHRE, Chief Justice.

On September 1, 1915 Archibald Drummond as mortgagor made and executed a mortgage to William Drummond on the E½ of NE¼, Lots 1 and 2, of Section 36, Township 151, Range 67 in Benson County, North Dakota. The mortgage was given to secure payment of the sum of $4,500 as evidenced by a promissory note given by the said Archibald Drummond to William Drummond, mortgagee. No payments were ever made on the principal and no interest was paid...

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