State Bank v. Nelson
North Dakota Supreme Court
Appeal from the District Court of Bowman County, Lembke, J. Unity of possession -is the distinguishing feature of a tenancy in common, and each co-tenant has an equal right with the other or others to the possession of the subject of the tenancy. Tiedeman on Real Property, § 239, p. 109; 2 Bl, Commentaries, (Chase’s ed.) 191. “The only unity there, is that of possession — because no man can certainly tell which part is his own.”
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Appeal from the District Court of Bowman County, Lembke, J. Unity of possession -is the distinguishing feature of a tenancy in common, and each co-tenant has an equal right with the other or others to the possession of the subject of the tenancy. Tiedeman on Real Property, § 239, p. 109; 2 Bl, Commentaries, (Chase’s ed.) 191. “The only unity there, is that of possession — because no man can certainly tell which part is his own.” See also collection of cases vol. 29 L. R. A. (N. S.) 225. Different rules of law apply in matters pertaining to the subject matter of the co-tenancy. Jones v. Cohen,…
1Opinion of the CourtBirdzell, J.
This is an action to foreclose a chattel mortgage. The mortgagors, Nelson and Johnston, were not personally served, and did not appear. The defendant Halpern answered. From a judgment in favor of the latter for $1,614.52, the plaintiff appeals, and asks for a trial de novo. The material facts are substantially as follows:
The defendants Nelson and Johnston, farmers in the vicinity of Bowman, had become indebted to the plaintiff bank in the sum of $6,-*705339-55- On December 30, 1919, they gave to the bank a note for this amount, payable June 1, 1920, secured by a chattel mortgage upon .certain…
2Cases cited5 opinions
- Northwestern Port Huron Co. v. IversonSouth Dakota Supreme Court · 1908
- Clendening v. HawkNorth Dakota Supreme Court · 1899
- Missouri River Transportation Co. v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1914
- Strehlow v. McLeodNorth Dakota Supreme Court · 1908
- Johnson v. WagnerNorth Dakota Supreme Court · 1919
3Cited by1 opinion
- State Ex Rel. Coan v. Plaza Equity Elevator Co.North Dakota Supreme Court · 1935