North Dakota Lumber Co. v. Haney
North Dakota Supreme Court
Appeal by plaintiff from a judgment of tbe District Court, for Benson County; Cowan, J., in defendant’s favor in an action brought to foreclose a mechanics’ lien. The land was purchased subsequently to the filing of the lien herein by Spaulding from Targeson, and he took it subject to plaintiff’s lien. H. C. Behrens Lumber Co. v. Lager, 128 N. W. 698. Plaintiff’s lien attached to nothing but Haney’s interest.
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Appeal by plaintiff from a judgment of tbe District Court, for Benson County; Cowan, J., in defendant’s favor in an action brought to foreclose a mechanics’ lien. The land was purchased subsequently to the filing of the lien herein by Spaulding from Targeson, and he took it subject to plaintiff’s lien. H. C. Behrens Lumber Co. v. Lager, 128 N. W. 698. Plaintiff’s lien attached to nothing but Haney’s interest. Salzer Lumber Co. v. Claflin, 16 N. D. 601, 113 N. W. 1036; Johnson v. Soliday, 19 N. D. 463, 126 N. W. 99.
1Opinion of the CourtBurke, J.
There is no dispute regarding the facts in .this case. Prior to 1906, one Targeson owned a tract of land in Benson county, *506and in that year sold the same upon crop contract to the defendant Haney. Under this crop contract Haney was to take possession of the land, crop the same, and turn over each year upon the purchase price, one half of the crops. When the said payments amounted to the purchase price, Targeson agreed to issue a warranty deed. No part of the purchase price was paid at the time of making the contract, and the title, of course, was reserved in Targeson as security for the…
2Cases cited6 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Nearing v. CoopNorth Dakota Supreme Court · 1897
- Johnson v. SolidayNorth Dakota Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
- In Re Ryan's EstateNorth Dakota Supreme Court · 1960
- Pacific Spruce Corp. v. Oregon Portland Cement Co.Oregon Supreme Court · 1930
- Mid-America Steel, Inc. v. BjoneNorth Dakota Supreme Court · 1987
- Powers Elevator Co. v. StolzNorth Dakota Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.