Turk v. Benson
North Dakota Supreme Court
Appeal from the District Court of Pierce County, Burr, J. A judgment is not a lien upon specific property, but merely gives a right to levy, to the exclusion of subsequent adverse interests. 23 Cyc. 1350 (A). The erroneous omission or introduction of a middle initial in defendant’s name, or a mistake in such middle initial, will prevent the judgment from having effect as a lien. 23 Cyc. 1358 (ii) and note 40; Johnson v. Hess, 126 Ind. 298, 9 L.R.A. 471, 25 N. E. 445; Crouse…
Read the full summary
Appeal from the District Court of Pierce County, Burr, J. A judgment is not a lien upon specific property, but merely gives a right to levy, to the exclusion of subsequent adverse interests. 23 Cyc. 1350 (A). The erroneous omission or introduction of a middle initial in defendant’s name, or a mistake in such middle initial, will prevent the judgment from having effect as a lien. 23 Cyc. 1358 (ii) and note 40; Johnson v. Hess, 126 Ind. 298, 9 L.R.A. 471, 25 N. E. 445; Crouse v. Murphy, 140 Pa. 335, 12 L.R.A. 58, 23 Am. St. Eep. 232, 21 Atl. 358; Hutchinson’s Appeal, 92 Pa. 186; Davis v.…
1Opinion of the CourtBurice, J.
In April, 1901, defendant Benson was a bonded abstracter, and as such prepared and certified an abstract of title for plaintiff to a certain lot which defendant was about to purchase from one William G. Eideout. At said time, there was in said county a judgment docketed against William J. Eideout upon which there was due the sum of $81.58. The abstracter knew neither the judgment debtor nor any person of the name of Eideout within the county, and certified that there was no judgment of record “against any of the within-named grantees, . . . which are liens on said premises.” On *203the strength…
2Cases cited10 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Johnson v. HessIndiana Supreme Court · 1890
- Davis v. SteepsWisconsin Supreme Court · 1894
- Grundies v. ReidIllinois Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- Schatz v. Kintyre Farmers Co-Operative Elevator Co.North Dakota Supreme Court · 1925
- Sackheim v. Marine Bank & Trust Co.District Court of Appeal of Florida · 1976
- Breyer v. GaleNorth Dakota Supreme Court · 1925
- Gilbert v. GaleNorth Dakota Supreme Court · 1923
4 more not listed; retrieve them via the Exa API.