The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1917-03-08
senses to be in existence

| senses to be in existence.
co.. Landlord and Tenant.-Ihe
landlord and tenant are each impGrtani n
the owner of the fee and furnished the
| land upon which the work is to be
done. The tenant is also very i'm
which brings the crop into existence
| and cultivates and cares for 1t until
| maturity and produces real value; the
crops of grain produced are the result
landlord and tenant have a property
interest which is of equal dignity ana
each should be securely protected in
his property rights.
(7. OBSERVATION-DISCLOSURES the ten
ants share of grain, under the ordinary
lease containing a provision that the
title and possession OF all crops shail
remain in the landlord until division ,
has been delivered to an elevator with
out any division having been made and
storage tickets are issued therefor to
the landlord for his share and the ten
ants storage. tickets are issued put
are held by the elevator and such ele-
vator Is served with garnishment
process which in point of time Is sub
sequent to a chattel mortgage hled prior
thereto against tenants share of such
crops and before division--such gar
nishment process and lien is Junior and
subject to the lien of a chattel mort
gage filed against said crop prior to
the service of the garnishment process
and lien and such chattel mortgage at
tached to the tenants share of said
crop and become lien thereon as soon
as such crop came into existence and
attaches to the tenants share of such
crop at that time, and not at the time
of division of the crop and such chat
tel mortgage is prior lien to the lien
by attachment.
(Syllabus by the Court.)
Appeal from the District Court of
Benson County. Hon. C. w. Butte, j.
Reversed and remanded.
Opinion of the Court by Grace, ].
Lawrence & Murphy, Fargo, attor-
neys for appellant; Torger Sinness &
Clyde Duffy, Minnewaukan, attorneys
for respondent.
OF Logan County.
j. s. Raich, G. p. Burnstad, D. L. An
derson, H. A.. Shepard; Chas. Hernett
pellants, VS.. Oscar Lindebek, Defend
ant and Respondent.
Syllabus: (). Certain assignments
Of error predicated upon rulings on the
courts instructions to the jury exam
ined and held to be without merit.
(2). AS a general rule a contract to
take stock in a corporation stands
upon the same footing as all other con-
ventional obligations. If induced by
fraud. it creates no obligation, and the
injured party has right to have It
abrogated. The rule is universal,
From a Judgment of the district
court of Logan county. Nuessle. j.
Plaintiffs appeal.
Opinion of the Court by Christian
son, j.
A. b., Atkins. Napoleon, and Hugo p.
Remington, Ashley, attorneys for ap-
pellants; Geo; N. Mckenna, Napoleon,
and Miller, Zuger & Tillotson, attor-
neys for respondents.
Of EDDY Coumtv
T. NJ Wakeland. Plaintiff and Re
spondent, VS.. Hans G. Hanson, Defend
ant and Appellant
Syllabus: III. An application to va
cate a default Judgment rests in the
sound, judicial discretion of the trial
court And 1t is held that such discre-
ton was not abused by refusing to va
cate the default in the instant case.
Appeal from the District Court of
Eddy county; Hon. G. w. Butte. J.
Opinions Of the Court by Robinson
and Christianson, il.
Maddux q Rinker, New Rockford, at
New Rockford. attorney for respond
ent.
OF BurIeigh County.
Bismarck Water supply Company. a
corporation, PLAINTIFF and Respondent,
vs. The County OF Burleigh in the State
Defendant and Appellant $500
Syllabus: III. complaint which
contains all the material allegations re-
qutred in a complaint in statutory ae-
ton to determine adverse claims, and
in addition thereto sets forth the spe-
cifc interests claimed therein by the
defendant. and reasons showing such
interests to be invalid, Is not demur-
rable.
l2J. Under the provisions OF section
2201. Compiled Laws 1913, the courts
are vested with powers TO grant relief,
in an action or proceeding TO collect or
annui taxes or in an action to deter