Bray v. Booker
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by John P. Bray against L. E. Booker and others. From an order denying him leave to intervene, E. C. Tourtelot, receiver of the Grand Forks National Bank, appeals. Where the debt is assigned as collateral security or while the vendor continues to have an interest in the payment, the lien continues and can be enforced by the assignee.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by John P. Bray against L. E. Booker and others. From an order denying him leave to intervene, E. C. Tourtelot, receiver of the Grand Forks National Bank, appeals. Where the debt is assigned as collateral security or while the vendor continues to have an interest in the payment, the lien continues and can be enforced by the assignee. Hallock v. Smith, 3 Barb. 267; White v. Williams, 1 Paige 502; Crawley v. Riggs, 24 Ark. 563; Carlton v. Buckner, 28 Ark. 66\Zwingle v. Wilkinson, 28 S. W. Rep. 1096; Moore v. Stovall, 2 Lea 543;…
1Opinion of the CourtCorliss, C. J.
This is a suit in equity to foreclose a vendor’s lien for the purchase price of a house and lot conveyed by the plaintiff to the defendant Kate E. Booker. The purchase price was $8,opo. A portion of this was to be paid by the defendant L. E. Booker, husband of Kate E. Booker, not to Bray himself, but to his creditor, the Grand Forks National Bank. Just what portion is in dispute. The plaintiff admits that $3,000 of the sum was to be paid in this way, and claims that the balance was to be paid to himself. Neither the purchaser nor her husband has paid any part of the purchase money. Tourtelot,…
2Cases cited13 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- Horn v. Volcano Water Co.California Supreme Court · 1859
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- Burroughs v. . TostevanNew York Court of Appeals · 1879
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