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Legal Opinion

Dunham Lumber Co. v. Gresz

North Dakota Supreme Court

Decided January 26, 1942No. File 6792PublishedCited by 15 opinions

1Opinion of the CourtMorris, J.

This suit presents a question of priority between the plaintiff’s mechanic’s lien for building material and a real estate mortgage belonging to the state of North Dakota. The property involved is a dwelling house.

On or about the 23d day of May, 192’T, the state of North Dakota made a real estate loan to one Anton Gresz out of permanent school funds of the state. The loan was made through the State Land Department. The mortgage securing the loan covered a half section of land in Billings county.

The state legislature by chapter 155, ND Session Laws 1929, amended the Mechanics’ Lien Law to…

2Cases cited12 opinions

  1. Holt v. HenleySupreme Court of the United States · 1914
  2. State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
  3. Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
  4. Gladney v. SydnorSupreme Court of Missouri · 1903
  5. Kentucky Lumber & Mill Work Co. v. Kentucky Title Savings Bank & Trust Co.Court of Appeals of Kentucky · 1919

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3Cited by15 opinions

  1. Ficarra v. Department of Regulatory Agencies, Division of InsuranceSupreme Court of Colorado · 1993
  2. Kessler v. ThompsonNorth Dakota Supreme Court · 1956
  3. Thompson v. North Dakota Workers' Compensation BureauNorth Dakota Supreme Court · 1992
  4. Ireland's Lumber Yard v. Progressive Contractors, Inc.North Dakota Supreme Court · 1963
  5. Jensen v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1997

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