McCarty v. Goodsman
North Dakota Supreme Court
Appeal from District Court, Pierce County, A. G. Burr, J. An attorney’s lien is strictly dependent upon continuity of possession.
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Appeal from District Court, Pierce County, A. G. Burr, J. An attorney’s lien is strictly dependent upon continuity of possession. Where promissory notes are introduced and received in evidence upon a trial proceeding in district court, they become court files and are in the possession of the court, and thereafter if one of the attorneys obtains the consent of the court for their removal from the files of the cause in which they were used, to his own office and into his own hands, his possession of them is the possession of the court still, and he can claim no lien oh them, as papers belonging…
1DissentRobinson, J.
Charles Goodsman owned the land in question, a quarter section in 21 — 153—72. To secure $700 and interest, according to five promissory notes, Goodsman mortgaged the land to Theo. B. Scotland Company. The mortgage is dated November 24, 1903, and is acknowledged and recorded October 5, 1904. Asa Styles acquired the Goodsman title and brought a suit to test the validity of the mortgage, and it was held valid. Styles v. Theo. P. Scotland & Co. 22 N. D. 469, 134 N. W. 708. In that groundless suit Paul Campbell was retained as attorney for the mortgagee, and he put in evidence the mortgage notes,…
2Cases cited1 opinion
- Styles v. Theo. P. Scotland & Co.North Dakota Supreme Court · 1912