Legal Opinion

Chaffee v. Edinger

North Dakota Supreme Court

Decided February 16, 1915PublishedCited by 7 opinions

Appeal from County Court, Wells County, Fred Jansonius, County Judge. Action by E. N. Chaffee against Ered Edinger. Erom a judgment in defendant’s favor, plaintiff appeals. A description of land in a statement for seed-grain lien is sufficient if one, upon examination, can locate and distinguish such land from other lands.

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Appeal from County Court, Wells County, Fred Jansonius, County Judge. Action by E. N. Chaffee against Ered Edinger. Erom a judgment in defendant’s favor, plaintiff appeals. A description of land in a statement for seed-grain lien is sufficient if one, upon examination, can locate and distinguish such land from other lands. A description in a deed would be considered sufficient if a person of ordinary prudence,' acting in good faith, upon inquiries, would be enabled to identify the property from the description given. Eord v. Eord, 24 S. D. 644, 124 N. W. 1108; Schuyler v. Wheelon, 17 N. D.…

1Opinion of the Court

Fisic, Ch. J.

This is an appeal from the county court of Wells county. The action is one to recover damages for the alleged conversion of certain grain upon which plaintiff claims to hold a seed lien. It is therefore strictly an action at law, triable before a jury; but appellant has, notwithstanding such fact, sought to have the case tried de novo in this court, for the only specification contained either in the notice of appeal or in the appellant’s brief is that the appellant demands a review of the entire case in the supreme court. It is, of course, entirely clear that we cannot retry such…

2Cases cited3 opinions

  1. Lavin v. BradleyNorth Dakota Supreme Court · 1890
  2. Parker v. First National BankNorth Dakota Supreme Court · 1892
  3. Kelly v. SeelySupreme Court of Minnesota · 1880

3Cited by7 opinions

  1. Stockman Bank of Montana v. AGSCO, INC.North Dakota Supreme Court · 2007
  2. Huether v. McCaull-dinsmore Co.North Dakota Supreme Court · 1925
  3. Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1933
  4. Groth v. NessNorth Dakota Supreme Court · 1935
  5. Stockman Bank of Montana v. AGSCO, INC.North Dakota Supreme Court · 2007

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