Bovey-Shute Lumber Co. v. Erickson
North Dakota Supreme Court
Erom a judgment of the District Court of Ward County, Leighton> J., tbe defendant, Northern Land & Mortgage Company, appeals. Lands held under the United States Homestead Laws prior to the issuance of patent shall not in any event be held liable to the satisfaction •of any debt contracted prior to the issuing of the patent therefor. U. S. Rev. Stat. § 2296; Comp.
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Erom a judgment of the District Court of Ward County, Leighton> J., tbe defendant, Northern Land & Mortgage Company, appeals. Lands held under the United States Homestead Laws prior to the issuance of patent shall not in any event be held liable to the satisfaction •of any debt contracted prior to the issuing of the patent therefor. U. S. Rev. Stat. § 2296; Comp. Laws 1913, § 6824; Green v. Tenold, 14 N. D. 46. Iii that case it was decided and practically conceded that there couldl not be any lien npon the land for the reason that such land was, under the Federal statutes, exempt from…
1Opinion of the CourtChristianson, J.
This action was brought to foreclose a mechanic’s lien. The lien is claimed for certain building material which it is alleged that the plaintiff sold and delivered to the defendant Oscar Erickson between April 7, 1907, and April 20, 1907. And it is alleged that such material was used in the construction, alteration, and repair of a certain dwelling house and barn situated on' the *367premises involved in tbis action. The defendant Northern land & Mortgage Company appeared and answered. It denied that the plaintiff had a mechanic’s lien, and asserted that the said Northern Land & Mortgage Company…
2Cases cited14 opinions
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Lane v. HoglundSupreme Court of the United States · 1917
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Weber v. LaidlerWashington Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schell v. WhiteArizona Supreme Court · 1956
- Sargent County v. StateNorth Dakota Supreme Court · 1921