Legal Opinion

Dahlund v. Lorentzen

North Dakota Supreme Court

Decided March 16, 1915PublishedCited by 4 opinions

Appeal from the District Court of Pierce County, Burr, J. Tbe lieu statement filed does not substantially comply with the statute, in that it does not state tbe name of tbe person for wbom tbe threshing was done. Parker v. Eirst Nat. Bank, 3 N. D. 88, 54 N. W. 313. The lien must contain a correct description of tbe land where tbe .grain threshed was grown.

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Appeal from the District Court of Pierce County, Burr, J. Tbe lieu statement filed does not substantially comply with the statute, in that it does not state tbe name of tbe person for wbom tbe threshing was done. Parker v. Eirst Nat. Bank, 3 N. D. 88, 54 N. W. 313. The lien must contain a correct description of tbe land where tbe .grain threshed was grown. Martin v. Hawthorn, 3 N. D. 412, 57 N. W. 87, 5 N. D. 66, 63 N. W. 895; Moher v. Rasmussen, 12 N. D. 73, 95 N. W. 152, and cases cited. The purpose of the thresher’s lien law in requiring the name of.the person for whom the threshing was…

1Opinion of the CourtBurke, J.

This is a trial de novo of foreclosure of a thresher’s lien filed by the plaintiff against grain grown upon the farm of the defend*277ant, and involves a construction of §§ 6854, 6855, Comp. Laws 1913, which read as follows1: Section 6854: “Any owner or lessee of a threshing machine who threshes grain for another therewith shall, upon filing the statement provided for in the next section, have a lien upon such grain for the value of his services in threshing the same from the date of the commencement of the threshing.”

Section 6855: “Procedure to Obtain Lien. Any person entitled to a lien under…

2Cases cited2 opinions

  1. Mitchell v. Monarch Elevator Co.North Dakota Supreme Court · 1906
  2. Power v. KingNorth Dakota Supreme Court · 1909

3Cited by4 opinions

  1. Branthover v. Monarch Elevator Co.North Dakota Supreme Court · 1916
  2. Mace v. ColeNorth Dakota Supreme Court · 1924
  3. Blank v. FentonNorth Dakota Supreme Court · 1926
  4. Hiam v. Andrews Grain Co.North Dakota Supreme Court · 1921

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