Strand v. Marin
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Action to quiet title to real estate. Judgment for plaintiff. Defendant Ward County appeals. The doctrine of liens as between debtor and creditor is just and equitable. Jacobs v. Latour, 5 Bing. 130, 2 Moore & P. 201, 6 L. J. C. P. 243. A lien is not a collateral contract. It is a right in the subject of the contract created by the law as an incident to the contract itself.
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Appeal from the District Court of Ward County, Leighton, J. Action to quiet title to real estate. Judgment for plaintiff. Defendant Ward County appeals. The doctrine of liens as between debtor and creditor is just and equitable. Jacobs v. Latour, 5 Bing. 130, 2 Moore & P. 201, 6 L. J. C. P. 243. A lien is not a collateral contract. It is a right in the subject of the contract created by the law as an incident to the contract itself. Pelham v. The B. F. Woolsey, 3 Fed. 457; Hayden v. Delay, Litt. Set. Cas. (Ky.) 278. A lien may be permitted, or the right to a lien given, by statute, without…
1Opinion of the Court
Bruce, J..This is an action brought by the holder of a sheriffs deed under a mortgage foreclosure, to quiet the title to the land purchased by him against the purchaser under a delinquent tax sale arising out of a lien or tax for certain feed and seed sold to the original owner of the land by the county of Ward under the provisions of chapter 210 of the Laws of 1909, Comp. Laws. 1913, §§ 3471 — 3490.
The mortgage was dated on the 24th day of November, 1909, and recorded on the 25th day of November, 1909, and the mortgage sale was held on the 20th day of January, 1912, the sheriff’s deed being…
2Cases cited1 opinion
- Yeatman v. KingNorth Dakota Supreme Court · 1892
3Cited by6 opinions
- Rolette State Bank v. Minnekota Elevator Co.North Dakota Supreme Court · 1923
- Norwest Bank-Jamestown v. Ostlund Chemical Co. (In Re Glinz)United States Bankruptcy Court, D. North Dakota · 1984
- St. Louis Union Trust Co. v. Franklin-American Trust Co.Court of Appeals for the Eighth Circuit · 1931
- Amtorg Trading Corp. v. CommissionerUnited States Board of Tax Appeals · 1932
- Amtorg Trading Corp. v. CommissionerUnited States Board of Tax Appeals · 1932
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