Legal Opinion

First National Bank v. Kelly

North Dakota Supreme Court

Decided April 28, 1917PublishedCited by 7 opinions

Appeal from District Court, Barnes County, J. A. Coffey, J. Under our statutes tbe county’s lien for personal property taxes is superior to a subsequent mortgage.

Read the full summary

Appeal from District Court, Barnes County, J. A. Coffey, J. Under our statutes tbe county’s lien for personal property taxes is superior to a subsequent mortgage. Iowa Land Co. v. Douglas County, 8 S. D. 491, 67 N. W. 52; Farmers Loan & T. Co. v. Memminger, 48 Neb. 17, 66 N. W. 1014; Minnesota v. Central Trust Co, 36 C. C. A. 217, 94 Fed. 244. Tbe legislative intent was to make all personal taxes assessed against a party a paramount lien upon all'personal property owned by tbe tax debtor. Minneapolis Tbresbing Macb. Co. v. Roberts County,, 34 S. D. 498, L.R.A.1915D, 886, 149 N. W. 163;…

1Opinion of the CourtBirdzeix, J.

This is an appeal from a judgment of the district court of Barnes county restraining the collection of personal taxes by the sale of certain personal property under circumstances that will more fully appear in the statement of facts. The defendant appeals *549and demands a review of the entire case. The facts are as follows: From 1910 to 1913, both years inclusive, the Westergaard Machinery Company of Valley City owned and, during, part of the time, occupied a building situated upon the right of way of the Northern Pacific 'Railroad. During these years taxes were levied upon assessments of the…

2Cases cited8 opinions

  1. State v. Central Trust Co.Court of Appeals for the Eighth Circuit · 1899
  2. Bismarck Water Supply Co. v. BarnesNorth Dakota Supreme Court · 1915
  3. Minneapolis Threshing Machine Co. v. Roberts CountySouth Dakota Supreme Court · 1914
  4. Crawford v. KochMichigan Supreme Court · 1912
  5. Advance Thresher Co. v. BeckNorth Dakota Supreme Court · 1910

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Farm & Cattle Loan Co. v. FaulknerWyoming Supreme Court · 1926
  2. Baird v. BelcherNorth Dakota Supreme Court · 1930
  3. Banco Popular de Puerto Rico v. Ramírez VegaSupreme Court of Puerto Rico · 1940
  4. Regional Agricultural Credit Corp. v. Griggs CountyNorth Dakota Supreme Court · 1943
  5. Arendts v. BestNorth Dakota Supreme Court · 1917

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API