Simons v. Dowd
North Dakota Supreme Court
Appeal from the District Court-of Williams County, Fisk, J. The owner of the land is the owner of the growing and unsevered crops. Wadge v. Kittelson, 12 N. D. 452; Warner v.' Sohn, 21 Ann. Cas. 427, (Neb.); Hartshorne v. Ingels, 23 L. R. A. 531 (Okla.) ; Carlisle v. Killbrew, 6 L. R. A. 617; Altee v. Hinckler, 85 Am.
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Appeal from the District Court-of Williams County, Fisk, J. The owner of the land is the owner of the growing and unsevered crops. Wadge v. Kittelson, 12 N. D. 452; Warner v.' Sohn, 21 Ann. Cas. 427, (Neb.); Hartshorne v. Ingels, 23 L. R. A. 531 (Okla.) ; Carlisle v. Killbrew, 6 L. R. A. 617; Altee v. Hinckler, 85 Am. Dec. 407; 8 R. C. D. p. 367. The title to the crops at all times was vested in the adverse holders of the land and Dowd, though owner of the fee title to the land, never at any time had any title or interest whatever in or to the crops. Golden Valley Land & Cattle Co. v.…
1Opinion of the Court
Birdzüll, J.
This is an appeal from a judgment in favor of the *542plaintiffs in an action brought to restrain certain of the defendants, from paying hail insurance to the defendant Milo B. Dowd. The facts necessary to be stated are as follows: The defendant Dowd was the owner of a judgment of about $7,000 against one B. A. McGinnity. See Dowd v. McGinnity, 30 N. D. 308, 152 N. W. 524. Prior to the transactions directly involved in this litigation McGinnity had been the owner of lands upon which this judgment was a lien. McGinnity had also given mortgages on the lands which had been foreclosed in…
2Cases cited1 opinion
- Dowd v. McGinnityNorth Dakota Supreme Court · 1915