Craig v. Herzman
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Archibald J. Craig and others against Rosa Herzman and others. Judgment for plaintiffs. Defendants appeal. Appellants’ mortgage was given and recorded prior to the passage of § 4795, Rev. Codes, allowing a sale of the entire property and an apportionment of the proceeds.
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Appeal from District Court, Cass County; Pollock, J. Action by Archibald J. Craig and others against Rosa Herzman and others. Judgment for plaintiffs. Defendants appeal. Appellants’ mortgage was given and recorded prior to the passage of § 4795, Rev. Codes, allowing a sale of the entire property and an apportionment of the proceeds. A sale of the entire property where the mechanic’s lien attaches to the building only, appellants’ mortgage on the land being a first lien, would violate the constitutional restriction upon laws impairing the obligation of contracts. Secs. 10 and 16, article I,…
1Opinion of the CourtBatholomew, C. J.
This is a contest between certain mechanic’s lien holders and a purchaser under a mortgage foreclosure sale. The property consists of a certain lot in the City of Fargo, upon which a two-story brick building, with party walls on either side, has been erected. The mortgage was given long before the building or any part thereof was placed upon tlie lot. The mechanic’s liens attached before the foreclosure of the mortgage. This action was brought by the lienholders. The Red River National Bank was the only defendant that appeared and answered. It claimed title under the foreclosure proceedings,…
2Cases cited17 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Edwards v. KearzeySupreme Court of the United States · 1878
- Steamship Co. v. JoliffeSupreme Court of the United States · 1865
- Barnitz v. BeverlySupreme Court of the United States · 1896
- Antoni v. GreenhowSupreme Court of the United States · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Reiling v. BhattacharyyaNorth Dakota Supreme Court · 1979
- Bottineau Farmers Elevator v. Woodward-Clyde Consultants, a Foreign CorporationCourt of Appeals for the Eighth Circuit · 1992
- Burnett v. GlasCalifornia Supreme Court · 1908
- Dunham Lumber Co. v. GreszNorth Dakota Supreme Court · 1942
- Nelson v. Westland Oil Co. Foster v. Westland Oil Co. Westom v. Westland Oil Co. Myers v. Westland Oil CoCourt of Appeals for the Eighth Circuit · 1950
14 more not listed; retrieve them via the Exa API.