Hawk v. Konouzki
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by M. E. Hawk against August Konouzki. R. P. Sherman, as president of the State Bank of Tower City, and Emma L. M. Mathwig intervene. Judgment for plaintiff, and Mathwig appeals. The defendant, Konouzki, by his contract of lease, agreed that the title and ownership of the crops to be raised on the land rented should remain in the landlord until the conditions agreed to be performed by him were fully performed.
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Appeal from District Court, Cass County; Pollock, J. Action by M. E. Hawk against August Konouzki. R. P. Sherman, as president of the State Bank of Tower City, and Emma L. M. Mathwig intervene. Judgment for plaintiff, and Mathwig appeals. The defendant, Konouzki, by his contract of lease, agreed that the title and ownership of the crops to be raised on the land rented should remain in the landlord until the conditions agreed to be performed by him were fully performed. He, therefore, had no interest whatever in the crop until he performed his part of the contract and a division of the crop…
1Opinion of the CourtWallin, J.
The relief sought by the plaintiff in this action is the foreclosure of certain chattel mortgages, and the procedure" below was governed by Rev. Codes 1899, § § 5897-5903. In the District Court the litigation resulted in a judgment in favor of the holders of the several chattel mortgages involved, and was adverse to the interests of Emma L. M. Mathwig, intervener, who has *39appealed from the judgment to this court, and demanded a retrial here of the entire case. The evidence and facts controlling the controversy are, in the main, undisputed, and for the purposes of this opinion it will be…
2Cases cited3 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Savings Bank v. CanfieldSouth Dakota Supreme Court · 1900
3Cited by4 opinions
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- Aronson v. OppegardNorth Dakota Supreme Court · 1907
- Simmons v. McConvilleNorth Dakota Supreme Court · 1910
- O'Keefe v. OmlieNorth Dakota Supreme Court · 1908