Anderson v. Alseth
South Dakota Supreme Court
Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action in claim and delivery. Judgment for plaintiff, and defendant appeals. ■ The facts are stated in the opinion. An inchoate right to a lien is not assignable. Goodman v. Pence, 32 N. W. 219; Langan v. Sankey, 7 N. W. 393. In the absence of a contrary statutory provision the assignment of a claim for which the assignor may have by law a specific lien destroys the right to the lien.
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Appeal from circuit court, Kingsbury county. Hon. J. O. Andrews, Judge. Action in claim and delivery. Judgment for plaintiff, and defendant appeals. ■ The facts are stated in the opinion. An inchoate right to a lien is not assignable. Goodman v. Pence, 32 N. W. 219; Langan v. Sankey, 7 N. W. 393. In the absence of a contrary statutory provision the assignment of a claim for which the assignor may have by law a specific lien destroys the right to the lien. Hawley v. Ward, 4 Iowa 36; Caldwell v. Lawrence, 10 Wis. 331; Tewksbury v. Bronson, 4 N. W. 749. The complaint was insufficient and the…
1Opinion of the CourtCorson, P. J.
The plaintiff claims the right to the possession of certain grain for the purpose of foreclosing a lien *568thereon, which it is alleged was acquired by the grantor of the plaintiff by virtue of the provisions of chapter 88, Laws 1889. The answer was, in effect, a general denial, with a defense by way of counterclaim. The first section of the act provides that ‘‘every person owning and operating a threshing machine shall have a lien from the date of threshing upon -all grain threshed with such machine, for the value of the services rendered in doing such threshing.” And section 3 provides that…
2Cases cited9 opinions
- Hallock v. JaudinCalifornia Supreme Court · 1867
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Hibernia Savings & Loan Society v. OrdwayCalifornia Supreme Court · 1869
- Lavin v. BradleyNorth Dakota Supreme Court · 1890
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sherwood v. City of Sioux FallsSouth Dakota Supreme Court · 1898
- Knapp v. BrettSouth Dakota Supreme Court · 1928
- Woodford v. KelleySouth Dakota Supreme Court · 1904
- Stenson v. ElfmannSouth Dakota Supreme Court · 1910
- Strait v. City of EurekaSouth Dakota Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.