Joslyn v. Smith
North Dakota Supreme Court
PPEAL from District Court, Steele Couuty. liam B. McConnell, Judge. Hon. WiL- Action in equity to foreclose a seed lien. Parties defendant were prior mortgagees. Judgment for plaintiff. Defendants appeal. The only question that arises is, does the complaint state facts constituting a cause of action; does it justify the findings of fact and do the findings sustain the judgment? The attempted exceptions to the findings do not warrant a review of the facts.
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PPEAL from District Court, Steele Couuty. liam B. McConnell, Judge. Hon. WiL- Action in equity to foreclose a seed lien. Parties defendant were prior mortgagees. Judgment for plaintiff. Defendants appeal. The only question that arises is, does the complaint state facts constituting a cause of action; does it justify the findings of fact and do the findings sustain the judgment? The attempted exceptions to the findings do not warrant a review of the facts. They are not sufficiently specific for consideration. Gilman v. Thiess, 18 Wis. 554; Taft v. Bessel, 16 Wis. 274; Smith v. Coolbaugh, 21…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
This was an action in equity to foreclose what is known under our statute as a “seed lien.” The parties defending were prior mortgagees. The findings and conclusions of the trial court were in plaintiff’s favor, and judgment accordingly, and defendants appeal. Of the errors assigned three only are noticed in appellant’s brief. It is claimed that the complaint fails to state a cause of action, because it does not state that the seed grain was sold by plaintiff to be sown upon any particular land. As was said by this court in Lavin v.…
2Cases cited5 opinions
- Lavin v. BradleyNorth Dakota Supreme Court · 1890
- Gilcrest v. GottschalkSupreme Court of Iowa · 1874
- East v. FergusonIndiana Supreme Court · 1877
- Montieth v. Great Western Printing Co.Missouri Court of Appeals · 1885
- Peck v. BridwellMissouri Court of Appeals · 1881
3Cited by4 opinions
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Wonser v. Walden Farmers Elevator Co.North Dakota Supreme Court · 1915
- Naddy v. DietzeSouth Dakota Supreme Court · 1901
- Rosenbaum v. HayesNorth Dakota Supreme Court · 1901