Leonard v. Fleming
North Dakota Supreme Court
Appeal from District Court, Barnes county; Glaspell, J. Action by William F. Leonard against Robert L. Fleming and others. Judgment for defendants; plaintiff appeals. An unrecorded deed or mortgage prevails over a subsequent attachment.
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Appeal from District Court, Barnes county; Glaspell, J. Action by William F. Leonard against Robert L. Fleming and others. Judgment for defendants; plaintiff appeals. An unrecorded deed or mortgage prevails over a subsequent attachment. Kohn v. Lapham, 82 N. W. 408; Murphy v. Plankihton Bank, 83 N. W. 575; Bateman v. Backus, 4 Dak. 433, 34 N. W. G6; Roblin v. Palmer, 67 N. W. 949; Norton v. Williams, 9 la. 528; Plant v. Smythe, 45 Cal. 161. Notice of lis pendens must state that the land described has been attached. Buxton v. Sargent, 7 N. D. 503, 75 N. W. 811; McCarthy v. Speed, 80 N. W.'…
1Opinion of the CourtMorgan, C. J.
Action to determine adverse claims to 160 acres of land situated in Barnes county. Plaintiff alleges in the complaint that he is the absolute -owner -thereof, and that the defendants claim it adversely to him. The plaintiff and the defendants claim the title from a common source. The plaintiff claims title and the right to possession through a warranty deed from George W. Toms and wife, dated on November 4, 1892, acknowledged on November 8, 1892, and recorded on January 17, 1893. The defendants claim ownership by virtue of a sheriff’s -deed dated August 2, 1894, based upon attachment…
2Cases cited7 opinions
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Ward v. DoughertyCalifornia Supreme Court · 1888
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Plant v. SmytheCalifornia Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- Kauffman v. BaillieWashington Supreme Court · 1907
- Cox v. McLeanNorth Dakota Supreme Court · 1936
- Rice v. NeetherNorth Dakota Supreme Court · 2016
- Zink v. James River National BankNorth Dakota Supreme Court · 1929
8 more not listed; retrieve them via the Exa API.