Ellestad v. Northwestern Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by A. J. Ellestad against the Northwestern Elevator Company. Judgment for plaintiff. From the judgment, and an order denying a new trial, defendant appeals. • The presumption of ownership in Lee was overthrown by proof that the land was anothers.
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Appeal from District Court, Richland County; Lauder, J. Action by A. J. Ellestad against the Northwestern Elevator Company. Judgment for plaintiff. From the judgment, and an order denying a new trial, defendant appeals. • The presumption of ownership in Lee was overthrown by proof that the land was anothers. Millard v. McDonald Lumber Co., 25 N. W. Rep. 656. The defendant had no actual notice of the chattel mortgage and received the wheat before the debt secured by the mortgage matured. Its possession was rightful. Sanford v. D. & D. Elev. Co., 2 N. D. Rep. 6. The defendant in trover and…
1Opinion of the Court
Wallin, C.- J.
The facts which we deem necessary to a proper disposition of this case, as we gather them from the record, may be briefly stated as follows: In the month of May, 1894, one Lee executed and delivered to plaintiff his promissory note, payable to the plaintiff, for $61.20, and to secure the payment of such note said Lee made and delivered to the plaintiff his chattel mortgage, describing certain land in Richland County, and *90whereby he mortgaged to the plaintiff all crops to be sown, grown, or harvested upon such land in the year 1894. The note was given to plaintiff for the…
2Cases cited4 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- Parker v. First National BankNorth Dakota Supreme Court · 1892
- Lewis v. DisherWisconsin Supreme Court · 1873
3Cited by9 opinions
- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914
- Webster v. ShermanMontana Supreme Court · 1906
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Wadsworth v. OwensNorth Dakota Supreme Court · 1908
- East Central Fruit Growers Production Credit Ass'n v. ZuritskySupreme Court of Pennsylvania · 1943
4 more not listed; retrieve them via the Exa API.