Union National Bank v. Moline, Milburn & Stoddard Co.
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by the Union National Bank of Oshkosh against the Moline, Milburn & Stoddard Company, James Morrison, Harriet J. Morrison, and others to foreclose a mortgage, and establish the same as a first lien upon the property mortgaged. From a decree awarding priority to plaintiff, the Moline, Milburne & Stoddard Company appeal.
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Appeal from District Court, Ransom County; Lauder, J. Action by the Union National Bank of Oshkosh against the Moline, Milburn & Stoddard Company, James Morrison, Harriet J. Morrison, and others to foreclose a mortgage, and establish the same as a first lien upon the property mortgaged. From a decree awarding priority to plaintiff, the Moline, Milburne & Stoddard Company appeal. Respondent held personal property taken by it in claim and delivery from 1888 until 1894, claiming that the property could not be sold under its mortgage while the suit was pending. When it took possession to satisfy…
1Opinion of the CourtCorliss, C. J.
In this action, instituted to foreclose a mortgage, a contest for priority of lien has arisen between the plaintiff and' the defendant the Milburn & Stoddard Company. The mortgage was executed by James Morrison, the owner of the land. It was delivered November 26, 1887. Morrison was at that time indebted to the plaintiff on several notes, and was also liable to it as indorser upon the notes of others. Simultaneously with the execution of this mortgage, he borrowed from the plaintiff $4,000. The mortgage was given to secure his indebtedness to the plaintiff, and his contingent liability on the…
2Cases cited40 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Tapia v. DemartiniCalifornia Supreme Court · 1888
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
35 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Bank of Towner v. HansenNorth Dakota Supreme Court · 1990
- Beauchamp v. Retail Merchants Ass'nNorth Dakota Supreme Court · 1917
- Erickson v. IrelandSupreme Court of Minnesota · 1916
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Aberle v. MerkelNorth Dakota Supreme Court · 1940
18 more not listed; retrieve them via the Exa API.