Assembly of God v. Sangster

The opinion of the court was delivered by

Price, J.:

This is an original proceeding in mandamus whereby it is sought to compel the register of deeds of Rice County to record a certain bond resolution upon payment of the fee required for the recording of an instrument affecting real estate, but without payment of the mortgage registration fee.

The question involved is whether the instrument is one by which a lien is created or imposed upon real property.

The case is before us on plaintiff’s motion for a writ of mandamus, to which is attached a copy of the instrument, and defendant’s motion to…