Warren v. Olson
North Dakota Supreme Court
Prom a judgment of the district court of Pierce County, Butte, J., defendants Olson and Citizens State Bank of St. Peter, appeal. The owner of the land and tenant are really tenants in common of the'crop. This, notwithstanding any provision in the lease vesting the title and ownership of the crop in the landlord until division. That clause being held, when construed in connection with all other provisions of such contracts, as being one merely for security. Mpls.
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Prom a judgment of the district court of Pierce County, Butte, J., defendants Olson and Citizens State Bank of St. Peter, appeal. The owner of the land and tenant are really tenants in common of the'crop. This, notwithstanding any provision in the lease vesting the title and ownership of the crop in the landlord until division. That clause being held, when construed in connection with all other provisions of such contracts, as being one merely for security. Mpls. Iron Store Co. v. Branum, 36 N. I). 355; 38 Cyc. 83. A replevin cannot lie for an undivided interest in personal property. McDonald…
1Opinion of the Court
Christianson, Ch. J.
The controversy before us involves the ownership or right of possession of certain grain, which was grown during the redemption period on certain lands, purchased by the plaintiffs at a mortgage foreclosure sale.
The case arose upon the following facts:
The defendant, Albert S. Olson, owned the W. section 26, township 157, range 72, in Pierce county, in this state. On November 22, 1915 he made a written contract or lease with the defendant W. D. Lyter, under the terms of which Lyter agreed to farm the land during the following farming season, to-wit: for a term commencing on…
2Cases cited7 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- Whithed v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1900
- Mitchell v. Monarch Elevator Co.North Dakota Supreme Court · 1906
- Benesch v. WaggnerSupreme Court of Colorado · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
- Great Northern Railway Co. v. SeversonNorth Dakota Supreme Court · 1951
- Blodgett Loan Co. v. HansenMontana Supreme Court · 1930
- Great Northern Railway Co. v. SeversonNorth Dakota Supreme Court · 1951
- Nohrnberg v. BoleyIdaho Supreme Court · 1925
1 more not listed; retrieve them via the Exa API.