The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-11-27
Supreme Court
Decisions
Terom TO- Coumty.

Albert NJ Powell eft. al, plaintiffs
and respondents, We. international
Harvester Co. ct al, defendants ana
appellants.
Syllabus:
l. An action was brought by one
Powell against the International tlar-
vester Co. of America. Patrick II. MOI
ton and Mary Il; Norton. ct al, LOT Ihe
purpose of having a deed to certain
land declared to be held in trust Lor
the International Harvester Co. Inc
deed was executed by the owner one
Largent, to Patrick D. Norton. VINO
was the collection agent of the mar
vester company. Held, that Patrick
d, Norton did not take the deed nor
hold the land therein described In
trust for the international Harvester
2. In 9. transfer of certain land by
deed from Largent, the owner, to one
Patrick d. Norton, it Is held that u
fraud existed in procuring such trans
fer, Powell, the plaintiff, who had a
mortgage upon the land conveyed py
the deed, which mortgage was pelng
forecolsed, not being party 10 tne
conveyance of the land by deed from
Largent to Norton, is in no poslsion 70 70
assert fraud. If there. were fraud In
the procuring of the deed from Lar
gent by Norton, 1t is a matter Wnicn
can only be asserted by the paTtles
to the transaction, in this case. Lat
gent.
Appeal from district court Of Ram
sey county; c. W. Butte. J.
Reversed and remanded.
Opinion Of the court by Grace T.
Bruce Oh: S 5rsc anH chT Robinson j. j.
J G. Idamson and H. s. Blood, Dew
lis Lake, attorneys for planting and
respondents; NJ. H. brennan. Lewis VIZ
pellants.
From Cass County.
Park, Grant & Norris, a corporatlon'
plaintiff and appellant. VS.. A. j. NOR
dale, defendant and respondent, ana
George Prize Co., a corporation, gar
nishee.
Syllabus:
nishee action cannot be dismissed IN
advance of trial upon the motion OF
the defendant supported by anldaVlIs
on the ground that the aVernents OF
the affidavit for garnishment are I'M
true. .
county; Cole, J. ....=
Piaintiff appeals from a Judgment
Diminishing a garnishee action.
Opinion Of the court by Christian rs an
suit. Robinson, J., dissents.
Pfeffer & Pfeffer, Fargo. attorneys
From 1urIeieh County.
G. H. Meyer, Plaintiff and Respond
ent,
J. w. Burch, ct AL, Defendants and
Appellants.
Syllabus:
The evidence is examined and held
to support the verdict of the jury,
holding the defendants liable for the
negligence of a member of an asso-
citation organized for the purpose Of
constructing and operating a rural
telephone line. ~
Appeal from the District Court of
Burleigh County, Neussle, ].
AFFIRMED. ~
Opinion of the Court by Birdzell,
J Robinson, concurs; Bruce, Oh. J.
dissents.
Newton, Dullam & Young, Bis
marck, N. Oak, attorneys for Plain
tiff.
e. T. Burke, Bismarck, N. Oak.
Attorney for oscar Anderson and
Carl Anderson.
F. E. McCurdy, Bismarck, N. Oak,
attorney for J. w. Burch, ct al.
From Barnes County.
J. NJ. Collard, Plaintiff and Respond
ent,
VS..
Anton Fried, Defendant and Appel
liant. ~
Syllabus: .sla 3" go t@
CD In an action brought by a
share cropper for the conversion of
his share of grain raised upon land
belonging to the defendant, the &C
ton having been seasonably brought
and diligently prosecuted, it is held
that the plaintiff is entitled to the
highest market value Of the prop
erty between the date Of the CONVEX
sion and the verdict,
(2) Where a defendant had found
it necessary to employ counsel, to
defend a conveyance made by the
plaintiff to the defendant against the
charge that" such conveyance was
fraudulent as to creditors Of the
plaintiff, he is not entitled, in a
subsequent suit, to establish as