McCoy v. Davis
North Dakota Supreme Court
From a judgment of the District Court of Stark County, Crawford, J., plaintiff appeals. The judgment of a justice court properly transcribed to the district court records of the county becomes a lien upon the real estate owned by the judgment debtor, outside of his homestead. Comp. Laws 1913, § 8446; N. D. Bev. Codes 1905, § 7751; Comp.
Read the full summary
From a judgment of the District Court of Stark County, Crawford, J., plaintiff appeals. The judgment of a justice court properly transcribed to the district court records of the county becomes a lien upon the real estate owned by the judgment debtor, outside of his homestead. Comp. Laws 1913, § 8446; N. D. Bev. Codes 1905, § 7751; Comp. Laws 1913, § 8386. A judgment acquired under any circumstances creates no lien as against realty previously conveyed, whether the deed be recorded or not. It only attaches to the interest of the judgment debtor. Wilcoxson v. Miller, 49 Cal. 193; Lytle v.…
1Opinion of the CourtChristianson, J.
This is an action to set aside a certificate of sale issued by the sheriff of Stark county to the defendants for a tract of land purchased by them upon an execution sale. The case was submitted upon a stipulated statement of facts. The material facts are: On August 30, 1909, Bobert O’Connor became the owner in fee of the premises involved herein by virtue of a patent issued to him on that day by the United States government. The patent was recorded in the office of the register of deeds on May 11, 1910, and the record title to the premises remained in said Bobert O’Connor until November 5,…
2Cases cited13 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Board of County Commissioners v. Board of Pilot CommissionersSupreme Court of Florida · 1906
- Balch v. ArnoldWyoming Supreme Court · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Amoco Production Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1980
- Baird v. StubbinsNorth Dakota Supreme Court · 1929
- Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
- State Ex Rel. Stutsman v. LightNorth Dakota Supreme Court · 1938
- State ex rel. Kaufman v. DavisNorth Dakota Supreme Court · 1930
17 more not listed; retrieve them via the Exa API.