Union National Bank v. Oium
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action of replevin by the Union National Bank of Oshkosh against T. N. Oium, as sheriff of Ransom County,' and another. There was judgment for defendants, and plaintiff appeals. No valid levy of attachment was ever made upon the engine and separator and some of the plows claimed to have been attached, as they were not present nor in the view of the sheriff at any time.
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Appeal from District Court, Ransom County; Lauder, J. Action of replevin by the Union National Bank of Oshkosh against T. N. Oium, as sheriff of Ransom County,' and another. There was judgment for defendants, and plaintiff appeals. No valid levy of attachment was ever made upon the engine and separator and some of the plows claimed to have been attached, as they were not present nor in the view of the sheriff at any time. Rogers v. Bonner, 45 N. Y. 379; Bond v. Willett, 31 N. Y. 102; Ray v. Harconrt, 19 Wend. 495; Brown v. Pratt, 4 Wis. 513; Dresser v. Ainsworth, 9 Barb. 619; Crocker on…
1Opinion
ON REHEARING.
We have carefully considered the petition for rehearing. It has not convinced us that we were in error. It is urged that it appears that the mortgagee took its security for an antecedent debt, and that, therefore, it does not occupy the same vantage ground which it would have held had the mortgage been taken to secure a loan made on the strength of that security. This contention is founded on an utter misapprehension of the question. A mortgagee, whether for a present or an antecedent debt, whose security is prior in point of time, is entitled to priority of lien except as such…
2Cases cited6 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Bank of Farmington v. EllisSupreme Court of Minnesota · 1883
- Murch v. SwensenSupreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.