Union National Bank v. Oium
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action of replevin by the Union National Bank of Oshkosh against T. N. Oium, as sheriff of Ransom County,' and another. There was judgment for defendants, and plaintiff appeals. No valid levy of attachment was ever made upon the engine and separator and some of the plows claimed to have been attached, as they were not present nor in the view of the sheriff at any time.
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Appeal from District Court, Ransom County; Lauder, J. Action of replevin by the Union National Bank of Oshkosh against T. N. Oium, as sheriff of Ransom County,' and another. There was judgment for defendants, and plaintiff appeals. No valid levy of attachment was ever made upon the engine and separator and some of the plows claimed to have been attached, as they were not present nor in the view of the sheriff at any time. Rogers v. Bonner, 45 N. Y. 379; Bond v. Willett, 31 N. Y. 102; Ray v. Harconrt, 19 Wend. 495; Brown v. Pratt, 4 Wis. 513; Dresser v. Ainsworth, 9 Barb. 619; Crocker on…
1Opinion of the CourtCorliss, C. J.
This litigation presents a strife for supremacy between a chattel mortgagee, the plaintiff and appellant, and an attaching creditor of the mortgagor, one of the defendants and respondents. The sheriff who made the attachment and the creditor in whose behalf it was made are both parties defendant. The nature of the action is replevin. To sustain it, the plaintiff must show a valid chattel mortgage, and that its lien is superior to that of the attachment. The mortgage has been assailed as invalid for want of a sufficient description of the mortgaged property. It was executed at Oshkosh, in the…
2Cases cited25 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Fearey v. CummingsMichigan Supreme Court · 1879
- Allen v. McCallaSupreme Court of Iowa · 1868
- Fromme v. JonesSupreme Court of Iowa · 1862
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3Cited by41 opinions
- First National Bank of Rock Springs v. LudvigsenWyoming Supreme Court · 1899
- Union National Bank v. Moline, Milburn & Stoddard Co.North Dakota Supreme Court · 1897
- Anderson v. Oklahoma Moline Plow Co.Court of Appeals for the Eighth Circuit · 1917
- Aultman & Taylor Machinery Co. v. KennedySupreme Court of Iowa · 1901
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
36 more not listed; retrieve them via the Exa API.