First National Bank v. Scott
North Dakota Supreme Court
Appeal from District Court, Stark County; Winchester, J. Action in claim and delivery by the First National Bank of Mandan, N. D., against Levega S. Scott, to recover possession of a band of sheep. Plaintiff claimed the right to possession as the owner of a note and chattel mortgage thereon given to secure the purchase price of the sheep.
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Appeal from District Court, Stark County; Winchester, J. Action in claim and delivery by the First National Bank of Mandan, N. D., against Levega S. Scott, to recover possession of a band of sheep. Plaintiff claimed the right to possession as the owner of a note and chattel mortgage thereon given to secure the purchase price of the sheep. The defendant who was in possession of the sheep refused to surrender possession thereof upon demand of plaintiff and after default in the terms and conditions in its mortgage entitling it to possession as against the mortgagor, defendant claiming a superior…
1Opinion of the CourtCorliss, C. J.
The contest we are to settle is a strife between an agister and a chattel mortgagee for priority of lien. The plaintiff holds a mortgage upon a flock of sheep executed and filed November 19, 1892. The defendant claims a lien thereon under section 5486, Comp. Laws. That he is entitled to such lien is undisputed. But plaintiff denies that it is prior to the lien of the mortgage held by it. At the time defendant took the sheep into his possession as an agister the mortgage had been executed and was on record. He was therefore chargeable with knowledge thereof. Hence his claim to priority must…
2Cases cited2 opinions
- Wright v. ShermanSouth Dakota Supreme Court · 1892
- Garr, Scott & Co. v. ClementsNorth Dakota Supreme Court · 1895
3Cited by2 opinions
- First National Bank v. Witherspoon Livestock Commission Co.Missouri Court of Appeals · 1936
- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914