298 F. 919 | 8th Cir. | 1924
This is an action Drought by the Stondall Land & Investment Company, a corporation, appellee, against John Johnstone and William Johnstone, appellants, to foreclose a vendor’s lien against 320 acres of land situated in Golden Valley county, N. D., . under a contract for the sale thereof entered into between appellee and Andrew Schmidt in January, 1908. Schmidt paid $1,920 on the purchase price when the contract was executed, and the balance of $3,840, -under the contract, was payable in five equal annual installments, none of which have been paid. At the time this contract was made John Johnstone was in possession of the land, claiming under an alleged contract with appellee’s predecessor in title. In 1913 appellee and others, as owners of the legal title to this land, for the benefit of Schmidt, owner- of the equitable title thereto, recovered a judgment and
Appellants next contend that John Johnstone’s right to possession had never been legally adjudged against him, for the reason that under the constitution of North Dakota he was entitled to a jury trial on that issue, and that the provision of the judgment in this suit giving the purchaser under the foreclosure sale a right to possession is erroneous. This contention was raised in Rangley v. Stondall Investment Co., supra, and this court held the judgment and decree of the state court had finally adjudicated the matter adversely to Johnstone. In that case the court said:
“All claims based upon bis possession and bis contract of 1906 with tbe Golden Valley Land & Cattle Company we regard as finally settled against him.”
Appellants’ contentions relative to the allowance of interest and the provisions contained in the decree for redemption have been considered, and it is our opinion that they are without merit. The decree is
Affirmed.