Foogman v. Patterson
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by A. C. Foogman against Daniel Patterson and Stener G. Wenaas, sheriff. Judgment for plaintiff, and defendants appeal. The judgments of John E. Paulson, et al were not at any time liens on the land in suit, which was used and occupied by G. A. Ward as his homestead. § § 4326, 5104, 5126 and 5127, Comp. Laws; § § 4678, 5490, 5516, 5517 and 3605, Rev. Codes.
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Appeal from District Court, Traill County; Pollock, J. Action by A. C. Foogman against Daniel Patterson and Stener G. Wenaas, sheriff. Judgment for plaintiff, and defendants appeal. The judgments of John E. Paulson, et al were not at any time liens on the land in suit, which was used and occupied by G. A. Ward as his homestead. § § 4326, 5104, 5126 and 5127, Comp. Laws; § § 4678, 5490, 5516, 5517 and 3605, Rev. Codes. The fraudulent conveyance from the Wards to Patterson did not enlarge the rights of the judgment creditors, nor did it give them a right to enforce their judgments out of any…
1Opinion of the CourtBartholomew, C. J.
On and prior to December 20, 1888, one G. A. Ward was the owner of section 9, township 145, range 49, Traill county, N. D. His wife, Jessie S. Ward, owned the south half of section 10, same township; and one H. H. Hall, a son of Mrs. Ward by a former marriage, owned a half section adjoining, or in the immediate vicinity. The Wards resided on the southwest quarter of said section 9. Upon said section 9 there were at that time three interest-bearing mortgages, belonging to one Mrs. French, and which may be known as the “French mortgages.” The Wards and Hall had become indebted to- the firm of…
2Cases cited12 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Wallace v. LawyerIndiana Supreme Court · 1876
- State ex rel. Biddinger v. ManlyIndiana Supreme Court · 1860
- J. E. Paulson & Co. v. WardNorth Dakota Supreme Court · 1894
- Daisy Roller Mills v. WardNorth Dakota Supreme Court · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Wegner v. LubenowNorth Dakota Supreme Court · 1903
- Birks v. Globe International Protective BureauNorth Dakota Supreme Court · 1928
- Conlon v. City of DickinsonNorth Dakota Supreme Court · 1942
2 more not listed; retrieve them via the Exa API.