Adams v. Hartzell
North Dakota Supreme Court
Appeal from District Court, Sargent county; Allen, J. Action by Sidney D. Adams against W. J. Hartzell. Judgment for plaintiff, and defendant appeals. Statutory assignment for benefit of creditors does not pass title to realty in another state.
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Appeal from District Court, Sargent county; Allen, J. Action by Sidney D. Adams against W. J. Hartzell. Judgment for plaintiff, and defendant appeals. Statutory assignment for benefit of creditors does not pass title to realty in another state. Security Trust Co. v. Dodd, 173 U. S. 624; Segnitz v. Trust Co., 83 N. W. 327; Wells v. Walsh, 57 N. W. 969; McClure v. Campbell, 37 N. W. 343; Hutchinson v. Peshine, 16 N. J. Eq. 170; Lessee of Roderick’s Heirs, 2 Hammond, 380; Osborn v. Adams. 18 Pick, 247. Nor passes title to land not inventoried. Bock v. Perkins, 139 U. S. 628; Price v. Haynes, 37…
1Opinion of the CourtSpalding, J.
This is an action to determine adverse claims to the of section 2 in township 132 N. range 57 W., in Sargent county, N. D. Plaintiff had judgment in the district court, and the defendant, Hartzell, appeals, and asks a trial de novo.
Many questions are raised which depend largely on the determination of the main question. The facts are as follows: One Field, whom we infer to be a resident of Wisconsin, held a first mortgage on the land in question. One F. T. Day, also a resident of Wisconsin, .held a second- mortgage thereon. Both these mortgages were duly recorded. Day became the owner of the…
2Cases cited19 opinions
- Barth v. . BackusNew York Court of Appeals · 1893
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
- Rhawn v. PearceIllinois Supreme Court · 1884
- Second Ward Savings Bank v. SchranckWisconsin Supreme Court · 1897
- Weider v. MaddoxTexas Supreme Court · 1886
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3Cited by5 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Knowlton v. CoyeNorth Dakota Supreme Court · 1949
- Goss v. HermanNorth Dakota Supreme Court · 1910
- Nelson v. ReinhartNevada Supreme Court · 1917
- Prentice v. CoughranSouth Dakota Supreme Court · 1916