Chaffee Bros. v. Powers Elevator Co.
North Dakota Supreme Court
From a judgment of the District Court of Foster County, Coffey, J,, plaintiff appeals. Where, between a landlord and tenant, the written lease provides that title to grain raised by tenant shall remain in the landlord till a division and settlement, a mortgage on the grain by the tenhnt does not attach to any of the grain until after such division and settlement, where such lease is properly filed or recorded.
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From a judgment of the District Court of Foster County, Coffey, J,, plaintiff appeals. Where, between a landlord and tenant, the written lease provides that title to grain raised by tenant shall remain in the landlord till a division and settlement, a mortgage on the grain by the tenhnt does not attach to any of the grain until after such division and settlement, where such lease is properly filed or recorded. Angelí v. Egger, 6 N. D. 391; Minneapolis Iron Store Co. v. Branum, 36 N. D. 355. Where parties consent to try a case upon a certain theory of what the law is at the time, though it be…
1Opinion of the CourtChristianson, J.
This action was brought to recover damages for the alleged conversion of a crop of wheat upon which plaintiff claims a lien by virtue of a chattel mortgage given to him by one Klemstein. The defendant, in its answer, denied all the averments of the complaint. The ease was tried to a jury. At the close of the entire testimony, defendant moved for a directed verdict. The plaintiff’s attorney did not resist the motion, but conceded that the motion ought to be granted, and in. effect consented to a direction of verdict in defendant’s favor.
The record shows that the following colloquy took place…
2Cases cited4 opinions
- King v. HansonNorth Dakota Supreme Court · 1904
- Paulsen v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1911
- Heald v. StrongNorth Dakota Supreme Court · 1912
- Shockman v. RuthruffNorth Dakota Supreme Court · 1914
3Cited by4 opinions
- Glatt v. Bank of Kirkwood PlazaNorth Dakota Supreme Court · 1986
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
- Ostmo v. TennysonNorth Dakota Supreme Court · 1941