Bateman v. Backus
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Morton county. The facts are stated in the opinion of the court. As I understand the law it is well settled that an unrecorded deed takes preference over an attachment, for the reason among others that an attaching creditor cannot get any better title or interest in property than the person against whom the warrant of attachment runs, and another that an equitable title takes preference over a mere legal one. Drake on Att.
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Appeal from the district court of Morton county. The facts are stated in the opinion of the court. As I understand the law it is well settled that an unrecorded deed takes preference over an attachment, for the reason among others that an attaching creditor cannot get any better title or interest in property than the person against whom the warrant of attachment runs, and another that an equitable title takes preference over a mere legal one. Drake on Att. Sec. 234; Story v. Black, 1 Pac. Rep. 10 (Mont.); Chumasero v. Vial, 3 Mont. 376; Brown v. Pierce, 7 Wall. 218; Inre Howe, 1 Paige Ch.…
1Opinion of the CourtFrancis, J.
This case comes up on appeal from the Sixth judicial district, and was tried to the court without a jury, the court making findings of fact and conclusions of law.
Marcus Bateman, the respondent, October 22, 1881, duly commenced an action for the recovery of money against DeWitt *434C. Clark, in tbe district court for the county of Morton, Dakota Territory, then in the Third judicial district.
The property in dispute in this action was on that day attached, and also on that day a notice of Us pendens was filed. May 27, 1882, a judgment was rendered in said action in favor of the plaintiff therein,…
2Cases cited1 opinion
- Lamont v. . CheshireNew York Court of Appeals · 1875
3Cited by9 opinions
- Roblin v. PalmerSouth Dakota Supreme Court · 1896
- Leonard v. FlemingNorth Dakota Supreme Court · 1905
- Kohn v. LaphamSouth Dakota Supreme Court · 1900
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- Hale v. GrigsbySouth Dakota Supreme Court · 1899
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