Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-05-11

Supreme Court Decisions
From Burleash coansy.

Supreme Court Decisions
From Burleseh County.
John F. Philbrick. Plaintiff and Az.
|pellant w. James D. Mcdonald De-
PENDANT and Respondent
Syllabus: (l). A void tag deed and
feet title to land.
Appeal from the District Court Of
Burletgh county; Hon. W. L Nusssls.
Judge.
Affirmed.
Opinion of the court by Robinson.
F: H. Register and Miller. zussr Z
for appellant.
Newton. Dullam & Young, Bis
marck for respondent.
From Sheridan County,
John Wacker. Plaintiff and Appel.
liant VS.: Globe Fire Insurance Com.
pany Of Huron. s.. D.. q corporation,
Defendant and Respondent.
Syllabus: A party cannot recover
Judgment against an insurance com.
pany on a mere application for an in.
surance contract.
Appeal from the District Court Of
Sheridan county: Hon. ". L. Nusasls,
Judge.
Affirmed.
Opinion Of the Court by Robinson.
Judge.
Grace. J.. being disqualified. did not
Hyland & Madden. Bismarck. for
Appellant.
Fisk, Murphy & Linde. Bismarck.
N. D.. and Gardner & Churchill. Hur-
on, 8. D.. for Respondent.
From Dicky County.
G. W. Davis as Administrator Of
the Estate Of J. ". Johnston. de-
ants and Appellants.
Syllabus: ~. Mortgages. Execu-
ton. Filing. Witnesses. Notice.
When the law relating to the execu-
ton OF chattel mortgages provides
that a chattel mortgage in order to
be entitled to be filed must be signed
by the mortgasor in the presence Of
two witnesses. who must sign the
same as witnesses thereto, or that
such chattel mortgage. where It IL not
SO witnessed. shall be acknowledged
before some official qualified to take
the acknowledgment. such law IL.
complied with Notwithstanding the
chattel mortgage appears through
mistake, inadvertence, or clerical err
ror. In the body Of the chattel mort
gage or mortgages, where such mort
gage shows on its face that such wit.
ness had no beneficial interest in
name Of the mortgage who has a
beneficial interest in such chattel
mortgage. and to whom the debt is
owing which is ecured by h chattel
mortgage. and such chattel mortgage
when filed operates to give s%uflcient
and encumbrancers Of the mortgages
interest in and lien on the property
! described in such mortgage.
Appeal from he District Court Of
Dickey County; Hon. Frank p. Allen.
Judge.
Judgment reversed.
Opinion Of the Court by Grace.
Davis & Warren. LaMoure. N. D.,
attorneys for Plaintiff.
J. A. Mckee. Cakes, attorney for
Defendants.
From Hetinger County.
Bridget A. Hart, Plaintiff and Re-
spondent vs. First State Bank of Mott,
a corporation, Defendant and Appel
liant.
Syllabus: In this case It appears
that under a bill Of sale and a pre-
tended assignment of a mortgage, de-
PENDANT took and sold two horses on
gage lien for 1854. The bill of sale
was made without any consideration
and the alleged assignment is a mere
nullity. The signature of the assign
ment was obtained by smoothness and
deception and without and considera-
ton. Hence, in taking and selling the
horses the bank was a mere wrong
doer.
Appeal from District Court Of Het-
finger County; Hon. w. c. Crawford,
Judge. &C..
Defendant appeals
Affirmed.
Opinion Of the Court by Robinson,
Christianson, J. concurs In result
only.
B. W. Shaw. Mandan. attorney for
Appellant.
Jacobsen & Murray, Mott. attorney
for Respondent.
From Nelson County.
NJ. S. Stringer. Plaintiff and Respon-
dent VS.. J. j. Elsaas and A. H. Smart.
as Sheriff of Nelson county. North
Dakota. Defendants and Appellants.
Syllabus: o.. When in defiance Of
disregard of law a party levies on and
Jury NAV award exemplary damages.
(2). In levying on property under
an attachment or execution,-a person
Is bound to act with due regard for
the rights OF others and to refrain
from abusing the process of the law.
Action In Conversion.
From a Judgment and Order Of the
District Court Of Nelson county; Cool
ey, Judge. Defendants appeal.
Affirmed.
Opinion Of the Court by Robinson.
Judge.
Chrlstianson. Grace and Birdze1l.
JJ.. concur in result only.
Bruce, CHI. j.. dissents.
Erich & Kelly, LAkota. attorneys
for Appellants.
g. G. Skulason. Lakota, with Ing
man Swinland, Lakota. Counsel on
Appeal, attorneys for Respondent.
UNEXPECTED APPROVAL.
ct was rather embarrassed" !.
marked Senator Sorghum. when I
| forgot my speech and had to make an
abrupt finish"