James River Lumber Co. v. Danner
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Rose, J. Action by the James River Lumber Company against Henry Danner to enforce a mechanic’s lien. From a judgment for defendant plaintiff appeals.
1Opinion of the Court
Corliss, J
This appeal brings before us a contest for priority of lien. The strife is between a mortgagee of real property and the holder of a mechanic’s lien thereon. So far, the mortgagee has been successful. The trial court decided that the respondent’s mortgage lien was prior to that of the appellant, as to th'e entire property. The appellant does not challenge the correctness of'this ruling, so far as the land itself is concerned, but insists that his lien upon the building on the land is superior to that of the respondent’s mortgage. We must examine the facts: On May 7th, 1886, the…
2Cases cited4 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Croskey v. Northwestern Manufacturing Co.Illinois Supreme Court · 1868
- Haxtun Steam Heater Co. v. GordonNorth Dakota Supreme Court · 1891
- Taylor v. Burlington, C. R. & M. Ry. Co.U.S. Circuit Court for the District of Iowa · 1877
3Cited by11 opinions
- Red River Valley Bank v. CraigSupreme Court of the United States · 1901
- Craig v. HerzmanNorth Dakota Supreme Court · 1899
- Dunham Lumber Co. v. GreszNorth Dakota Supreme Court · 1942
- Interstate Lumber Co. v. RiderMontana Supreme Court · 1933
- Morrilton Lumber Co. v. GroomSupreme Court of Arkansas · 1928
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