Yeatman v. King
North Dakota Supreme Court
PPEAL from district court, Foster county; Hon. Roderick Rose, Judge. Action by Jobn C. Yeatman against James King, tbe county of Foster, James Murphy, county treasurer, and Walter M. Moore, county auditor, to foreclose a real estate mortgage. Judgment for plaintiff. The defendant county and its treasurer and auditor appeal.
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PPEAL from district court, Foster county; Hon. Roderick Rose, Judge. Action by Jobn C. Yeatman against James King, tbe county of Foster, James Murphy, county treasurer, and Walter M. Moore, county auditor, to foreclose a real estate mortgage. Judgment for plaintiff. The defendant county and its treasurer and auditor appeal. Under tbe power of tbe legislature to allow mechanic’s liens, it bas been held tbat under tbe statute making sucb liens prior or superior to mortgages, tbat tbe law was constitutional. Brooks v. Railroad Co., 101 U. S. 443; Meyer v. Hornby, 101 N. Y. 728. See, also,…
1Opinion of the Court
The opinion of the court was delivered by
Corliss, C. J.
The contest here is between plaintiff and defendant Foster county for priority of lien. The action is to foreclose a real estate mortgage. Foster county is made a party defendant on the theory that it holds a lien on the mortgaged real property subordinate to the lien of plaintiff’s mortgage. This contention of the plaintiff is denied by Foster county, and the latter, having been defeated by the trial court, brings the question before us for review. It is purely an issue of law. The facts are undisputed. Plaintiff’s mortgage is dated July…
2Cases cited19 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
- McCracken v. HaywardSupreme Court of the United States · 1844
- Ex parte PollardSupreme Court of Alabama · 1866
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