Pease v. Magill
North Dakota Supreme Court
Appeal from District Court, Ransom County; Allen, J. Action by Catie Pease against Roland Magill. Judgment for plaintiff, and defendant appeals. Renewal of motion to direct verdict at close of all testimony saves the motion therefor at end of plaintiff’s case. Bowman v. Eppinger, 1 N. D. 21, 4-1 N'. W. 1000. To attack a chattel mortgage for lack of proper filing the assailant must show himself “a subsequent purchaser in good faith for value.”
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Appeal from District Court, Ransom County; Allen, J. Action by Catie Pease against Roland Magill. Judgment for plaintiff, and defendant appeals. Renewal of motion to direct verdict at close of all testimony saves the motion therefor at end of plaintiff’s case. Bowman v. Eppinger, 1 N. D. 21, 4-1 N'. W. 1000. To attack a chattel mortgage for lack of proper filing the assailant must show himself “a subsequent purchaser in good faith for value.” Rev. Codes 1905, section 6182; Newton v. Newton, 48 N. W. 450; Nolan v. Grant, 5 N. W. 513; Ransom v. Schmela, 12 N. W. 926; Gardner v. Early, 34 N. W.…
1Opinion of the CourtFisk, J.
This is an action in claim and delivery to recover the possession of a horse, and damages for its taking and detention by defendant. The complaint alleges ownership and right to the possession of the horse in plaintiff; also a taking and detention by defendant, a demand for its return, and damages. The answer contains no general or specific denial of any of the allegations of the complaint, but alleges facts tending to show a special property in such horse in defendant, and a right to the possession thereof by virtue of a chattel mortgage executed and delivered to defendant by one Lasen, a…
2Cases cited11 opinions
- Guille v. Wong FookOregon Supreme Court · 1886
- Bouck v. EnosWisconsin Supreme Court · 1884
- Madson v. RuttenNorth Dakota Supreme Court · 1907
- Kennedy v. FaldeSupreme Court Of The Territory Of Dakota · 1886
- State v. CampbellNorth Dakota Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- Clark v. JosephsonNorth Dakota Supreme Court · 1954
- Foster v. DwireNorth Dakota Supreme Court · 1924
- Teegarden v. DahlNorth Dakota Supreme Court · 1965
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
14 more not listed; retrieve them via the Exa API.