FRANCIS
J.
August
15, 1881, Mary E. Pitcher, being the owner in fee of section
13, in township 136 N., of range 50 W., in Richland county
Dakota, executed a mortgage thereon to one George A. Elder
to secure the payment of $2,500, according to the conditions
of a certain promissory note of even date therewith, and for
a like sum. Said mortgage contained a clause providing, in
substance, that if default should be made in the payment of
said sum of money, or the interest, or in payment of the
taxes, or in the performance of any of the covenants or
agreements of the party of the first part therein contained
then the said party of the first part might declare the said
note fully due and payable, and sell the premises at public
auction, "and convey the same to the purchaser in
fee-simple, agreeable to the statute in such cases made and
provided." August 24, 1881, Elder assigned the mortgage
to the respondent by assignment in usual form. The mortgage
and assignment were duly recorded. The mortgagor defaulted in
the payment of annual interest, and March 21, 1884, the
respondent began the foreclosure of the mortgage by
advertisement; and on May 9, 1884, the property covered by
the mortgage was sold under said foreclosure notice, and
"struck off" to the respondent for the amount then
due on the mortgage, together with the costs and charges,
amounting in all to the sum of $3,026.15, he being the
highest bidder therefor. At the time of the sale Moses P.
Propper was the sheriff of Richland county, and S. B. Brigham
(full name not given) was the deputy-sheriff. The notice of
sale gave notice that the mortgaged premises would be sold at
public auction, May 9, 1884, at 10 o'clock in the
forenoon, but did not state who would act as auctioneer. Said
Brigham acted as auctioneer at the sale.
After,
and on the day of the sale, the following affidavit of sale
was made:
"Territory of Dakota, County of Richland--ss.: Moses P.
Propper, being duly sworn, says that he is the sheriff of the
county of Richland, and that as such sheriff he acted as
auctioneer at the sale of the premises described in the
foregoing and annexed printed copy of notice of mortgage
sale, and that pursuant to such notice of sale he sold said
premises at public vendue, at the time and place of sale
therein mentioned, to-wit, at the hour of 10 o'clock in
the forenoon, on the ninth day of May, A. D. 1884, at the
front door of the court-house in the county of Richland,
wherein said premises are situated; and that said premises
were then and there purchased by James Wilson for the sum of
two thousand and twenty-three dollars, he being the highest
and best bidder, and that being the highest and best sum
bidden, for such premises at such sale; that said sum bid as
aforesaid embraced the following items, disbursements, and
amounts, as exhibited to me at the time, viz.: *** And
deponent further says that said mortgaged premises,
consisting of one tract, was sold in one parcel, and no more
of said premises were there sold than was necessary to
satisfy the amount due on said mortgage at the date of the
notice of sale, together with interest, taxes paid, and
costs; and that said sale was conducted fairly, honestly, and
according to law, to the best of his knowledge and belief.
"MOSES
P. PROPPER, Sheriff of Richland Co., D. T.
"By
S. B. BRIGHAM, Deputy.
"Subscribed and sworn to before me this ninth day of
May, A. D. 1884.
[Seal.]
"JOSHUA
R. BUXTON, Notary Public, Richland County, D. T.
"Filed for record this ninth day of May, 1884, at 4
o'clock P. M.
"J.
M. RUGGLES, Register of Deeds."
An
error having been made in footing up the items of
disbursements, another affidavit of sale was, on the
nineteenth day of May, 1884, made as follows:
"S. B. Brigham, Deputy-Sheriff of Richland County, D.
T., to James Wilson.
Territory of Dakota, County of Richland--ss.: S. B. Brigham,
being duly sworn, says that he is, and was at the time
hereinafter mentioned, deputy-sheriff of the county of
Richland, and that, as such deputy-sheriff, he acted as
auctioneer at the sale of the premises described in the
foregoing and annexed printed copy of notice of mortgage
sale, and that pursuant to such notice of sale he sold said
premises at public vendue at the time and place of sale
herein mentioned, to-wit, at the hour of ten o'clock in
the forenoon on the ninth day of May, A. D. 1884, at the
front door of the court-house in the county of Richland,
wherein said premises are situated; and the said premises
were then and there purchased by James Wilson for the sum of
three thousand and twenty-three dollars, he being the highest
and best bidder, and that being the highest and best sum bid,
for such premises at such sale. *** And deponent further says
that said mortgaged premises, consisting of one tract, sold
in one parcel, and no more of said premises were then sold
than was necessary to satisfy the amount due on said mortgage
at the date of the notice of sale, together with interest,
taxes paid, and costs, and that said sale was conducted
fairly, honestly, and according to law, to the best of his
knowledge and belief.
S. B.
BRIGHAM.
"This affidavit is made to correct a clerical error in
the former affidavit, as of record in Book O of Mortgages,
page 63.
S. B.
BRIGHAM.
"Subscribed and sworn to before me this ninteenth day of
May, A. D. 1885.
[Seal.]
"JOSHUA
R. BUXTON, Notary Public, Richland County, D. T.
"Filed for record May 19, 1885, at 9 A. M.
"J.
M. RUGGLES, Register of Deeds."
On the
day of the sale Moses P. Propper, by Brigham, as such
deputy-sheriff, gave to the purchaser a certificate of sale,
as follows:
"Mary E. Pitcher, by the Sheriff of Richland County, D.
T., to James Wilson.
Territory of Dakota, County of Richland--ss.: I, Moses P.
Propper, sheriff of the county of Richland, territory of
Dakota, do hereby certify that, by virtue of an indenture of
mortgage made, executed, and delivered by Mary E. Pitcher,
mortgagor, to George A. Elder, mortgagee, and the power of
sale therein contained, which said mortgage bears date on the
fifteenth day of August, 1881, and was on the nineteenth day
of August, 1881, at seven o'clock A. M., duly recorded in
the office of the register of deeds of said Richland county,
territory of Dakota, in Book E of Mortgages, on pages 475 and
476, which mortgage conveyed the premises hereinafter
described to secure the payment of two thousand five hundred
dollars, and interest, according to the conditions of one
certain promissory note therein described, on the ninth day
of May, A. D. 1884, at the hour of ten o'clock in the
forenoon of said day, having first given public notice of the
time and place of the sale by publishing the same as required
by law, I did offer for sale at public auction, at the front
door of the court-house, in the county of Richland and
territory of Dakota, and I then and there openly and publicly
struck off and sold the same to James Wilson for the
aggregate sum of three thousand twenty-three dollars and
_______ cents, in the manner and at the price following,
to-wit:
All of section number thirteen, (13,) township one hundred
and thirty-six (136) north, of range numbered fifty (50)
west; all of said property herein described being sold by me
as one parcel, for the price hereinbefore mentioned. And I
further certify that the said premises were then and there
sold at public auction, and that said purchaser was the
highest bidder for said premises, and for each tract or
parcel included therein, and that the price hereinbefore
mentioned was the highest price bid for each distinct parcel,
and the whole price so bid was paid in by said purchaser; and
I further certify that the said premises are subject to
redemption within one year from the date of said sale, unless
said premises are previously redeemed as provided by law.
In testimony whereof I have hereunto set my hand and seal
this ninth day of May, A. D. 1884.
"MOSES
P. PROPPER, Sheriff of Richland Co., D. T.
"By
S. B. BRIGHAM, Deputy-Sheriff.
"Signed, sealed, and delivered in presence of
"C. M. STEVENS.
"J. R. BUXTON."
This
certificate of sale was acknowledged as follows:
"Territory of Dakota, County of Richland--ss.: On the
ninth day of May, in the year 1884, before me, a notary
public in and for said county and territory, personally
appeared S. B. Brigham, deputy-sheriff of the county of
Richland, territory of Dakota, known to me to be the person
who is described in and who executed the same as such
deputy-sheriff, for the uses and purposes therein expressed,
and for and on behalf of said Moses P. Propper, sheriff of
said county.
[Seal.]
"JOSHUA
R. BUXTON, Notary Public, Richland Co., D. T.
"Filed for record this ninth day of May, A. D. 1884, at
4 o'clock, P. M.
"J.
M. RUGGLES, Register of Deeds."
From
this sale no redemption was made, and May 12, 1885, the
sheriff's deed of the premises was made to the
respondent. This deed was made by R. N. Ink, sheriff of
Richland county. The deed recites Ink's official
standing, the description of the mortgage, the sale by the
sheriff of Richland county to the mortgagee, the execution of
the certificate of sale by the sheriff to the respondent, the
fact of no redemption, and then conveys to the said John
Wilson (respondent) all the estate, right, title, and
interest which the said Mary E. Pitcher had on the fifteenth
day of August, 1885, or at any time thereafter, in the said
premises described in the deed. This deed is signed:
[Seal.]
"R.
N. INK, Sheriff of Richland County, D. T."
--And
is duly witnessed....
