Green v. Tenold
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshaw, J. Action by Bertram F. B. Green against Ole J. Tenold. Judgment for plaintiff, and defendant appeals. The defendant having no interest in the land, the title being in the United States, plaintiff can enforce his lien neither against the land nor building.
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Appeal from District Court, Walsh county; Kneeshaw, J. Action by Bertram F. B. Green against Ole J. Tenold. Judgment for plaintiff, and defendant appeals. The defendant having no interest in the land, the title being in the United States, plaintiff can enforce his lien neither against the land nor building. Gull River Lumber Co. v. Briggs, 9 N. D. 485, 84 N. W. 349. ' ' Plaintiff’s assignor tdok back a portion of the lumber sold under his contract and thereby violated its terms. He cannot, therefore, file a valid mechanic’s lien against the building partially completed. Section 4788, Rev.…
1Opinion of the CourtMorgan, J.
This is an action to' foreclose a mechanic’s lien upon a building. The plaintiff’s assignor furnished the lumber for such building in August, 1896. At that time the land on which the building was placed was occupied by the defendant under a homestead entry made pursuant to the laws of the United States. The defendant relies upon that fact to defeat the plaintiff’s lien. After the plaintiff had rested his case he moved to amend the prayer of his complaint to the effect that he be declared entitled to a judgment against the defendant for the sum of $74.02, and that such judgment be declared a…
2Cases cited8 opinions
- Fink v. O'NeilSupreme Court of the United States · 1882
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Smith v. McDonaldCalifornia Supreme Court · 1871
- Kellogg v. Littell & Smythe Manufacturing Co.Washington Supreme Court · 1890
- Mahon v. SurerusNorth Dakota Supreme Court · 1899
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3Cited by5 opinions
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1925
- Linden Inv. Co. v. Honstain Bros.Court of Appeals for the Eighth Circuit · 1915
- Bovey-Shute Lumber Co. v. EricksonNorth Dakota Supreme Court · 1918
- Green v. TenoldNorth Dakota Supreme Court · 1905
- MacPherson v. CrumNorth Dakota Supreme Court · 1919