Ildvedsen v. First State Bank of Bowbells
North Dakota Supreme Court
Appeal by defendant from a judgment of the District Conrt for Ward County, in plaintiff’s favor in an action to quiet title to certain property, K. E. Leighton, J". Creditor levying his attachment without notice of a prior unrecorded deed is entitled to priority over the grantee under the unrecorded deed. 4 Oyc. 638. See also Wahrenberger v. Waid, 8 Colo. App. 200, 45 Pac. 518; Jerome v. Carbonate Nat. Bank, 22 Colo. 37, 43 Pac. 215; Haines v. Connell, 48 Or. 469, 120 Am.
Read the full summary
Appeal by defendant from a judgment of the District Conrt for Ward County, in plaintiff’s favor in an action to quiet title to certain property, K. E. Leighton, J". Creditor levying his attachment without notice of a prior unrecorded deed is entitled to priority over the grantee under the unrecorded deed. 4 Oyc. 638. See also Wahrenberger v. Waid, 8 Colo. App. 200, 45 Pac. 518; Jerome v. Carbonate Nat. Bank, 22 Colo. 37, 43 Pac. 215; Haines v. Connell, 48 Or. 469, 120 Am. St. Pep. 835, 87 Pac. 265, 88 Pac. 872; Perkins v. Adams, 16 Colo. App. 96, 63 Pac. 792; Thomson v. Shackelford, 6 Tex.…
1Opinion of the CourtFisk, J.
This is the statutory action to determine adverse claims to real property. The property involved consists of lots 13, 14, and 15 in block 4 of the original town site of the city of Minot. Plaintiff recovered judgment in the court below, quieting her title as prayed for in the complaint, and the appeal brings the cause here for trial de novo.
The facts were stipulated, and consequently the findings of fact of *230the trial court are not in dispute. Such findings are in substance as follows:
“1. That tbe property involved in this action is described as lots 13, 14, and 15 of block 4 of the town site…
2Cases cited12 opinions
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Golcher v. BrisbinSupreme Court of Minnesota · 1874
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Schumacher v. TrumanCalifornia Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- McCoy v. DavisNorth Dakota Supreme Court · 1917
- Williston Cooperative Credit Union v. FossumNorth Dakota Supreme Court · 1988
- Ellison v. StrandbackNorth Dakota Supreme Court · 1953
- Erway v. DeckNorth Dakota Supreme Court · 1999
19 more not listed; retrieve them via the Exa API.