Grand Forks National Bank v. Minneapolis & Northern Elevator Co.
Supreme Court Of The Territory Of Dakota
APPEAL from district court, Grand Forks county ; Hon. Chas. F. Templeton, Judge. Under our Code a mortgage cannot be given upon property not in existence. Comp. L., §§ 4803, 4351, 4356, 2675, 2676, 4346, 3229, 3606, 3242, 3611. These sections are but an epitome ■of the common law, and it is there well settled that such property cannot be sold or mortgaged. Cole v. Kerr, 26 N. W. Rep. 598; Lamson v. Moffett, 21 id. 62, 61 Wis. 153; Long v. Hines, 16 Pac.
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APPEAL from district court, Grand Forks county ; Hon. Chas. F. Templeton, Judge. Under our Code a mortgage cannot be given upon property not in existence. Comp. L., §§ 4803, 4351, 4356, 2675, 2676, 4346, 3229, 3606, 3242, 3611. These sections are but an epitome ■of the common law, and it is there well settled that such property cannot be sold or mortgaged. Cole v. Kerr, 26 N. W. Rep. 598; Lamson v. Moffett, 21 id. 62, 61 Wis. 153; Long v. Hines, 16 Pac. Rep. 339; Chapman v. Weimer, 4 Ohio St. 481 ; Whit telshoffer v. Strauss, 3 South. Rep. 524; Redd v. Burris, 58 Ga. 574, 15 Cen. Law. Jr.…
1Opinion of the CourtTripp, C. J.
This is an action of conversion brought by the Grand Forks National Bank to recover of the Minneapolis & Northern Elevator Company the value of about one thousand bushels of wheat, alleged to have been purchased by the defendant of one Rogers, the mortgagor of this plaintiff. The complaint, in substance, alleges, after setting out the incorporation of plaintiff and defendant, that the said Rogers, on the 4th day of March, 1887, being indebted to the plaintiff in the sum of $240, at the county of Grand Forks, in said territory, made, executed, and delivered to the said plaintiff, his, the said…
2Cases cited15 opinions
- Pennock v. CoeSupreme Court of the United States · 1860
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Beall v. WhiteSupreme Court of the United States · 1877
- Otis v. SillNew York Supreme Court · 1849
- Butt v. EllettSupreme Court of the United States · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Payne v. McCormick Harvesting Machine Co.Supreme Court of Oklahoma · 1901
- Hostetter v. Brooks Elevator Co.North Dakota Supreme Court · 1894
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
- Pierce v. LangdonIdaho Supreme Court · 1891
21 more not listed; retrieve them via the Exa API.