Bray v. Booker
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by John P. Bray against Lewis E. Booker and Katie E. Booker, to established and enforce a vendor’s lien for $8,000 and interest, pursuant to section 4830, Rev. Codes. The trial court awarded plaintiff a lien for $3,000, with interest, but held that because plaintiff had taken collateral security for $5,000 of the purchase price of the property he lost his lien to that extent.
Read the full summary
Appeal from District Court, Grand Forks County; Fisk, J. Action by John P. Bray against Lewis E. Booker and Katie E. Booker, to established and enforce a vendor’s lien for $8,000 and interest, pursuant to section 4830, Rev. Codes. The trial court awarded plaintiff a lien for $3,000, with interest, but held that because plaintiff had taken collateral security for $5,000 of the purchase price of the property he lost his lien to that extent. The plaintiff, Alse J. Gronna, intervener, and the defendants severally appeal. The bank stock'was put up to secure payment of Booker’s note to the…
1Opinion of the CourtBartxiolomew, C. J.
This action was brought to establish and forclose a vendor’s lien, in the amount of $8,000, upon a house and lot in 'the City of Grand Forks. There was a decree establishing the lien to the extent of $3,000 and no more. All the parties appeal, — plaintiff because the lien was not established for the full amount claimed; and defendants and the intervener because a lien was established for any amount. The defendants and intervener first perfected their appeal, and will be known as appellants in this Court. The intervener may, for convenience, be dropped from our consideration. He was a…
2Cases cited17 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Williams v. NaftzgerCalifornia Supreme Court · 1894
- Orrick v. DurhamSupreme Court of Missouri · 1883
- McKillip v. McKillipNew York Supreme Court · 1850
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Koppinger v. Implement Dealers Mutual Insurance Co.North Dakota Supreme Court · 1963
- Parker-Washington Co. v. Kansas CityCourt of Appeals for the Eighth Circuit · 1930
- Kirtley v. KirtleySupreme Court of Oklahoma · 1933
- Bray v. BookerNorth Dakota Supreme Court · 1899
- Dugan v. Mayor of BaltimoreBaltimore City Circuit Court · 1905