Page:North Dakota Reports (vol. 1).pdf/292

 1882, executed by the defendant, Eugene V. McKnight, the then owner of the land, to “Beecher & Dean,” and subject to the rights of the defendant Elizabeth McKnight, as the assignee of said mortgage, or by virtue of the foreclosure thereof; that the mortgage given by said Eugene V. McKnight to “Beecher & Dean” contained the usual power of sale; that the same was recorded in Cass county, October 3, 1882; that on January 4, 1884, one Charles R. Dean assigned in writing all his interest in said mortgage to one Salmon I. Beecher, which assignment was duly: recorded in said county January 9, 1884; that on September 3, 1885, Salmon ‘I. Beecher, by writing indorsed on said mortgage, duly assigned the same to one G. S. Barnes, and this assignment was duly recorded in said county November 13, 1885; that on September 29, 1885, George S. Barnes, by written instrument, duly assigned said mortgage to the defendant Elizabeth McKnight, and that said assignment was duly recorded in said county November 13, 1885; that the foregoing are the only assignments that were ever made relating to or affecting said mortgage or the notes secured thereby. Elizabeth McKnight proceeded to foreclose by advertisement. Her notice contained the. necessary statutory requirements, and alleged that the interest of said Dean in said mortgage was assigned to said Beecher, and said mortgage was assigned by said Beecher to George 8. Barnes, and by George 8. Barnes to Elizabeth McKnight. The notice was published in the proper county for the proper time, and on January 29, 1886, said land was sold under said mortgage, in pursuance of ‘said notice, by the deputy sheriff of Cass county, and bought by Elizabeth McKnight, and the usual certificate issued to her and said notice of certificate duly recorded in said county. On these facts the court found the foreclosure proceedings to be void, and canceled the certificate as constituting a cloud on plaintiff's title. The trial court held that as no assignment of the mortgage had ever been executed by “Beecher & Dean,” or, so far as the record showed, with their knowledge or consent, or that of either of them, there was nothing to show that they had ever parted with their title to or interest in the mortgage, and hence that plaintiff could not acquire any interest which Beecher &