Moreau Lumber Co. v. Johnson
North Dakota Supreme Court
Appeal from tbe District Court of Hettinger County, Crawford, Judge. This is an action in rem and no personal judgment against defendant is sought. Plaintiff had the right to claim and file its statement for mechanics’ lien, even after defendant had been adjudged a bankrupt. Its lien was superior to any claim of the trustee in bankruptcy.
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Appeal from tbe District Court of Hettinger County, Crawford, Judge. This is an action in rem and no personal judgment against defendant is sought. Plaintiff had the right to claim and file its statement for mechanics’ lien, even after defendant had been adjudged a bankrupt. Its lien was superior to any claim of the trustee in bankruptcy. First International Bank v. Lee, 25 N. D. 197, 141 N. W. 716; Burcell v. Goldstein, 23 N. D. 257, 136 N. W. 243. The failure to file the lien within the ninety-day period does not defeat the right to claim and file the lien, so long as the person who bought…
1Opinion of the CourtGoss, J.
This is an action to foreclose a mechanics’ lien for $625.18, interest and costs. The material was sold to a homestead entryman, and used in the construction of a dwelling house and granary upon his unproven government homestead entry in Hettinger county. Final proof has not been made. The last item of material was furnished July 27, 1910. The statutory ninety-day period for filing lien as against subsequent purchasers and encumbrancers without notice expired October 25, 1910. Prior thereto, and on October 19, defendant filed in the district court of the United States for the district of…
2Cases cited8 opinions
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- John Leslie Paper Co. v. WheelerNorth Dakota Supreme Court · 1912
- Craig v. HerzmanNorth Dakota Supreme Court · 1899
- First National Bank v. WarnerNorth Dakota Supreme Court · 1908
- Burcell v. GoldsteinNorth Dakota Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Joseph Nelson Supply Co. v. LearyUtah Supreme Court · 1917
- Sleeper v. ElliottNorth Dakota Supreme Court · 1916