Page:North Dakota Reports (vol. 48).pdf/794

 from the date of sale as provided by law, then that Herman C. Ritz and all persons claiming under him be forever barred from any title, claim, lien, or interest in said land.

CITIZENS STATE BANK of Fairfax, Minnesota, a corporation, and FRED A. DALLMANN, Respondents, vy. KENMARE NATION- AL BANK, a corporation, and A. P. SCOFIELD, Sheriff of Ward County, North Dakota, Appellants.

(186 N. W. 755.)

Mortgages — vendor and purchaser — vendor had no substantial interest in land attached; attaching creditor of vendor was not in law a redemptioner.

The defendant bank brought an action against one M. L. Summerville, and attached the land which he had theretofore sold on written contract to one Dallmann, for which full settlement was made, according to the terms of the contract, and promissory notes secured by a mortgage on the land were taken for the balance of the purchase price. A certain mortgage against the land which was not assumed by Dallmann was foreclosed. The defendant bank claimed the right, by reason of the alleged attachment lien, to redeem from such foreclosure. The certificate of foreclosure was assigned to the plaintiff bank, and it refused to receive the redemption money deposited with the sheriff by the defendant bank. Later the sheriff issued to the latter a sheriff’s deed. It is held that Summerville had no substantial interest in the land when attached; that he held the title thereof merely in trust for Dallmann; that the defendant bank was not in law a redemptioner; that the sheriff's deed issued to it ‘was a nullity.

Opinion filed Jan. 31, 1922

An appeal from a judgment of the District court of Ward county, Leighton, J.

Judgment affirmed.

Fisk, Murphy & Nash for appellants.