Mott v. Holbrook
North Dakota Supreme Court
Appeal from the District Court of Pierce county, Burr, J. The auditor’s tax deed was void upon its face. Tax sale deed must show upon its face that sale was made to person offering to accept lowest rate of interest. Youker v. ITobart, 17 N. D. 296, 115 N. W. 839. The attachment lien of Holbrook, filed and recorded against the land, took precedence of the deed filed and recorded subsequently.
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Appeal from the District Court of Pierce county, Burr, J. The auditor’s tax deed was void upon its face. Tax sale deed must show upon its face that sale was made to person offering to accept lowest rate of interest. Youker v. ITobart, 17 N. D. 296, 115 N. W. 839. The attachment lien of Holbrook, filed and recorded against the land, took precedence of the deed filed and recorded subsequently. Civil Code 1905, chap. 39; Rev. Codes 1905, § 5038. Holbrook’s attachment was valid, and nothing was done by him to injure or prejudice the rights of other or subsequent creditors. Wade, Attachm. &…
1Opinion of the CourtGoss, J.
The complaint is in the statutory form of an action to determine adverse claims. The answer sets up a lien by attachment. On the proof it appears that one Alice J. Dahl, in 1903, owned a quarter-section in Pierce county. She resided at Devils Lake. Her husband was employed in the store of defendant Holbrook. On December 11, *2561903, she executed and delivered to him her promissory note for $725.75, bearing interest and due six days after date, or December 17, 1903. The note covered an indebtedness for merchandise previously purchased from defendant. On December 21, 1903, the note being past…
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