Bray v. Booker
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by John P. Bray against Lewis E. Booker and Katie E. Booker, to established and enforce a vendor’s lien for $8,000 and interest, pursuant to section 4830, Rev. Codes. The trial court awarded plaintiff a lien for $3,000, with interest, but held that because plaintiff had taken collateral security for $5,000 of the purchase price of the property he lost his lien to that extent.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by John P. Bray against Lewis E. Booker and Katie E. Booker, to established and enforce a vendor’s lien for $8,000 and interest, pursuant to section 4830, Rev. Codes. The trial court awarded plaintiff a lien for $3,000, with interest, but held that because plaintiff had taken collateral security for $5,000 of the purchase price of the property he lost his lien to that extent. The plaintiff, Alse J. Gronna, intervener, and the defendants severally appeal. The bank stock'was put up to secure payment of Booker’s note to the…
1Opinion
ON REHEARING.
A rehearing was ordered in this case upon the petition of defendants and intervener, and an argument has been presented, two points in which require discussion. We notice, first, the point that, conceding that defendant Lewis E. Booker was the real purchaser, yet plaintiff waived his vendor’s lien. This claim is based upon the proposition stated in the original opinion that Mr. Booker refused to mortgage the land, and stated to Mr. Bray, during the negotiations, that he desired to turn the property over to Mrs. Booker free of all incumbrances. We used that language because we…
2Cases cited9 opinions
- Sullivan v. FergusonSupreme Court of Missouri · 1867
- Scheerer v. AgeeSupreme Court of Alabama · 1894
- Christy v. McKeeSupreme Court of Missouri · 1887
- Hubbard v. BuckSupreme Court of Alabama · 1893
- Bray v. BookerNorth Dakota Supreme Court · 1899
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