F. A. Patrick & Co. v. Knapp
North Dakota Supreme Court
Appeal from the District Court of Stark Comity, Crawford, J. A prior unrecorded lien against the land in question, of which the judgment creditor had no knowledge or notice, will be postponed to the lien of the judgment. Black, Judgm. 2d ed. § 446, and cases cited; Tiffany, Beal Prop. p. 1319; Perkins v. Adams, 16 Colo. App. 96, 63 Pac. 792; Teller v. Hill, 18 Colo. App. 509, 72 Pae. 811; Berryhill v. Smith, 59 Minn. 285, 61 N. W. 144; Hall v. Sauntry, 72 Minn. 420, 71 Am.
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Appeal from the District Court of Stark Comity, Crawford, J. A prior unrecorded lien against the land in question, of which the judgment creditor had no knowledge or notice, will be postponed to the lien of the judgment. Black, Judgm. 2d ed. § 446, and cases cited; Tiffany, Beal Prop. p. 1319; Perkins v. Adams, 16 Colo. App. 96, 63 Pac. 792; Teller v. Hill, 18 Colo. App. 509, 72 Pae. 811; Berryhill v. Smith, 59 Minn. 285, 61 N. W. 144; Hall v. Sauntry, 72 Minn. 420, 71 Am. St. Rep. 497, 75 N. W. 720; Lewis v. Atherton, 5 Okla. 90, 47 Pac. 1070; Bank of Indiana v. Anderson, 14 Iowa, 544, 83…
1Opinion of the CourtBurke, J.
June 12, 1905, Annis Brown was the owner of a business block in the city of Dickinson, North Dakota, and upon that date she executed a mortgage upon the premises to one Hilliard to secure the sum of $5,000. August 1, 1908, she 'obtained a further loan from Hilliard in the sum of $2,000, for the purpose of placing the building in repair, and as security assigned to him “the rents and profits of said described premises until the full amount of said note shall be paid.” This assignment was never placed on record with the register of deeds of Stark county, but under its terms Hilliard assumed the…
2Cases cited16 opinions
- Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Martin v. MartinCourt of Appeals of Maryland · 1855
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
- Loving v. CommonwealthCourt of Appeals of Kentucky · 1882
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