Beyer v. Investor's Syndicate
North Dakota Supreme Court
Action in District Court, Stark County, Omwford, J., to impress a lien upon lands. From the order made upon a motion to quash, the plaintiff appealed. A court of equity will impress a trust upon the property in favor of the plaintiff, John F. Beyer, because the assets of the defendant, the North American Coal & Mining Company, consist of these lands and Beyer can follow his money into the land, and the property is subject to his lien for the money advanced.
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Action in District Court, Stark County, Omwford, J., to impress a lien upon lands. From the order made upon a motion to quash, the plaintiff appealed. A court of equity will impress a trust upon the property in favor of the plaintiff, John F. Beyer, because the assets of the defendant, the North American Coal & Mining Company, consist of these lands and Beyer can follow his money into the land, and the property is subject to his lien for the money advanced. Spokane v. First Nat. Bank, 68 Fed. 982; South Park Comrs. v. Kerr, 13 Fed. 502; Lerr v. Evans, 67 Fed. 677. The complaint, therefore,…
1Opinion of the CourtBronson, J.
Statement. — This cause of action, like the proverbial cat with its many lives, again is presented to this court as a memorial, *360as it were, to show the perplexities and delays in litigation. Some twelve cases, covering a period of time from 1906 to the present, are to be noted wherein controversies between the parties herein are involved. These cases may be cited as follows: 99 Minn. 475, 109 N. W. 1116; (U. S. Dist. Court, 1909, not reported); 22 N. D. 452, 134 N. W. 317; 25 N. D. 490, 142 N. W. 919; 31 N. D. 247, 153 N. W. 476; 31 N. D. 259, 153 N. W. 472; 32 N. D. 542, 156 N. W. 204; 32 N.…
2Cases cited21 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Arndt v. GriggsSupreme Court of the United States · 1890
- Hart v. SansomSupreme Court of the United States · 1884
- Dull v. BlackmanSupreme Court of the United States · 1898
- People v. Oakland Water Front Co.California Supreme Court · 1897
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3Cited by4 opinions
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- Wickum v. ArnesonNorth Dakota Supreme Court · 1933
- Burdick v. Farmers' Mercantile Co.North Dakota Supreme Court · 1921
- McGinnity v. DowdNorth Dakota Supreme Court · 1921