Page:North Dakota Reports (vol. 48).pdf/793

 in addition to the large loan secured by the Mowry contract to convey title to Ritz. The trial court computed the several amounts paid, with interest at six per cent. till June 13, 1921. It found the same to be %,869.36, and in addition the sum of $5,000, with 6 per cent. per annum from November 30, 1917, which amounted to $6,250. Thus it appears at the present time there is due the plaintiff over $13,000. On the original loan of $10,000 Ritz agreed to pay 7 per cent., and he never paid a dollar on the loan. He paid nothing on the principal, interest, or taxes. He never put any good money into the land only as he got it from Wheelock Mowry. He completely disregarded all his promises and obligations to pay money. On the contract for a deed he agreed to pay 7 per cent. on the loan, and of course he should pay 7 per cent. on the original loan. No error being shown, we adopt the figures of the trial court, and hold that there is now due the plaintiff $6,969.36, with interest at 6 per cent. from June 13, 1921.’ And there is due $5,000, with interest at 6 per cent. from November 30, 1917. And there is due for interest on the original loan 1 per cent. a year since November 30, 1917, the date of the contract by which Ritz agreed to pay 7 per cent. on $9,000. The 1 per cent. is to make in all 7 per cent.

And as Ritz by his answer presented a false issue by claiming title to the land, instead of offering to pay the amount due and demanding a deed, he should pay the costs of the trial court and of the appeal to this court. Hence the trial court should set aside the judgment herein, and in lieu thereof enter judgment to this effect: That the plaintiff is the owner of the fee title to the land in question, and that the same is not subject to any prior liens or claims. That there is due the plaintiff from Herman C. Ritz $6,869.36, with interest at 6 per cent. from June 13, 1921, $5,000, with interest at 6 per cent. from November 30, 1917, and 1 per cent. a year on $9,000 from November 30, 1917, amounting to a sum to be computed by the court at the time of entering judgment, and stated in the judgment. Also, that Herman Ritz may pay the same, with interest at 6 per cent., within 60 days after the entry of judgment, with the costs of the trial court and the costs of the appeal, and on such payment the plaintiff must release and quitclaim to Herman C. Ritz the title to said land; and if payment be not so made, then that the land be advertised for sale and sold by the sheriff of Rolette county the same as om a regular mortgage foreclosure, to satisfy the ammount due, with imerest and costs. And if the land be not redeemed within a year