103 N.W. 755 | N.D. | 1905
This is an appeal by plaintiff from a final judgment in an action to quiet title, wherein the trial court held that the plaintiff’s former title to the land 'had -been divested by a sheriff’s sale of the land made on November 23, 1901, in proceedings to foreclose a mortgage thereon by advertisement under the power of sale contained in the mortgage. The 'defendants have succeeded to the rights of the purchaser at said sale. It is conceded that the foreclosure proceedings were in all respects regular, and were sufficient to pass the title, unless the right to foreclose by advertisement had been barred because more than ten years had elapsed since the maturity of the mortgage debt. Before the enactment of chapter 120, p. 152, Laws 1901, there was no law limiting the time within which the right to foreclose by advertisement could be exercised. Such a foreclosure is not an action, and hence was not affected by section 5200, subdivison 2, Rev. Codes 1899, which limited the right to foreclose by action to ten year.s from the time the cause of action accrued. That section of th-e Code of Civil Procedure was amended by chapter 120, p. 152, Laws 1901, so as
The judgment is affirmed.
