Page:North Dakota Reports (vol. 48).pdf/744

 ciosure has been awarded wherein the present values of all the lands concerned are not found nor determined nor the equities therein. Pursuant to the findings, the defendant has paid the interest accruing on his indebtedness for two years and two months, up to December 1, 1920, lacking the sum of $244.65. His farming methods have not injured plaintiff's interests or the land. His defaults consist in the failure to pay his 1919 and 1920 taxes and interest on the Prosser mortgage. He has an apparent investment in this land, figured at the date of the purchase, of $9,035. Under the circumstances it is our opinion that plaintiff, seeking to avail of the harsh remedy of a strict foreclosure, must accord to the defendant an opportunity to meet the defaults mentioned if thereby his interests are not jeopardized and damaged. It is therefore ordered that the judgment of the trial court be amended as follows: On or before March 1, 1922, the defendant shall pay to the plaintiff the sum of $500. On or before March 1, 1922, the defendant shall pay to the plaintiff the sum of $500. On or before March 1, 1922, the defendant shall pay to the plaintiff the further sum of $500, or, in lieu thereof, tender for the approval of the trial court security for the payment thereof on or before December 1, 1922. Thereupon, and upon the approval of the security, if tendered, the foreclosure stipulated in the judgment shall be stayed until December 1, 1922, and the trial court shall award to the defendant possession. The balance of the existing defaults, as found in the find- ings and judgment, shall be made good by the defendant on or before December 1, 1922. If the defendant makes good the defaults as herein provided, no costs of this court shall be allowed.

It is so ordered.

CHRISTIANSON and BIRDZELL, JJ., concur.

GRACE, C. J., concurs in the result only.

ROBINSON, J. (dissenting). Truly this is a Shylock action. On October 1, 1918:

The plaintiff contracted to sell defendant a section of land in Ramsey county, N. D., at $55 an acre $35,392.50

He sold the same subject to a mortgage for 7,840.00

He received and gave credit for a section of Montana land 7,235.00

He gave credit for land in Benson county 1,800.00