Gull River Lumber Co. v. Lee
North Dakota Supreme Court
Appeal from District Court, Emmons County, Winchester, J. Action by the Gull River Lumber Company against Jerome B. Brock and T. P. Lee to foreclose a chattel mortgage. From an order sustaining a demurrer to the separate answer of the defendant, T. P. Lee, he appeals. The taxes for the years 1890 and 1891 became liens upon the personal property of Brock, prior to the giving of the chattel mortgage to plaintiff, under which it claims the property in controversy.
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Appeal from District Court, Emmons County, Winchester, J. Action by the Gull River Lumber Company against Jerome B. Brock and T. P. Lee to foreclose a chattel mortgage. From an order sustaining a demurrer to the separate answer of the defendant, T. P. Lee, he appeals. The taxes for the years 1890 and 1891 became liens upon the personal property of Brock, prior to the giving of the chattel mortgage to plaintiff, under which it claims the property in controversy. The lien for taxes is therefore superior and paramount. Sec. 90 Ch. 132, Laws 1890. Reynolds v. Fisher, 61 N. W. Rep. 695; Farmers L.…
1Opinion of the CourtBartholomew, J.
This case comes into this court on an appeal from an order sustaining a demurrer to defendants’ answer. The action was in equity to foreclose a chattel mortgage. Plaintiff obtained a warrant of seizure under section 5898, Rev. Codes, and the mortgaged property was taken from the possession of the defendant Lee. Defendant Brock, who was the mortgagor, made no appearance in the action. The answer of Lee shows that he was treasurer of Emmons county, and as such treasurer he had seized the property on September 12, 1896, under a distraint for unpaid and delinquent personal property taxes assessed…
2Cases cited9 opinions
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