Breyer v. Gale

In a petition for a rehearing, appellants strenuously contend that in the opinion, as filed, this court has misapplied legal principles, and that the case of Turk v. Benson, 30 N. D. 200, L.R.A. 1915D, 1211, 152 N. W. 354, has no application.

It must not be overlooked that the question here is whether a judgment against A. N. Pearson affords constructive notice to one who takes for a person who transferred the premises in the name of Andrew Pehrson. The lien of the judgment is purely statutory. It does not rest on contract, in any sense, like the lien of a mortgage.

The trial court found that…