The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-01-07
i. From CasS County.
John r.. Kuipcr.
Plaintiff and Respondent

From Cass County.
John r.. Kuipcr.
Plaintiff and Respondent.
J. G. Miller.
Defendant and Appellant.
SYLLABUS:
| /. Rent is compensation for the
use of land; it is yearly profit iSsu-
ing out of land. and may consist of
money, provisions, chAttcls or labor.
synonymous with. or the equivalent
Of, the value of the use and occupa-
| ton.
2. The holder of sheriff's certif-
icatc of sale is, under Section 7762,
C. L. 1913, entitled to receive from
the tenant in possession, the rents of
the property sold, or the value Of the
use and occupation thereof during
the period of redemption, and may
maintain an action in conversion
against the purchaser of that p"r-
ton of the crop raised during the
year Of redemption which the mort
gagor and the renter agreed should
be delivered to the mortgagor as
rent s
has no right to, or interest in, the
crop grown and harvested on the
mortgaged premises during the per-
iod of redemption, except as given
him by section 1852, and if he seeks
to recover portion of the crop
raised on the premises during the
year of redemption, or its value in .
conversion action, he must bring him
self within Section 7762, and show
that the crop was trent" Of the
premises within the meaning of the
statute.
4. Where the lessee of the mort
gagor agrees to deliver to the latter
onc-third Of the crop raised on the
premises during the year Of redemp-
tion as rent. and the lessee delivers
to q third party who withholds the
same from the certificate holder, aft
er demand. the latter may maintain
m action in rcplcvin to recover the
possession Of the mortgagor's share
Of tho crop, or he may maintain an
action In conversion to recover the
value Of the portion received by the
third party.
5. When the sheNff's certificate
has been recorded, q third party,
dealing with the lessee. of the mort
gagor of premises which have been
sold under foreclosure, is charged
with notice of the foreclosure PRO.
cccdings, and the rights of the hold
er of the certificate under Section
1862; he knows. in law, that the
n,or44sgor may have an interest in
the crop; and that il the crop or any
part of it be rent, by agreement be-
tween tho ln0rtgAgor and his lessee,
the holder of the shcriff's certificate
is entitled to such portion of the
crop, and that the lessee cannot trans
fer title.
Appeal from the District Court Of
Cass county. North Dakota, Hon.
Charles N. Cooley, judge.
Opinion of the court by Johnson, j.
Wood & Breaw, Fargo, North Da-
kota, attorneys for plaintiff, and re-
spondent.
w. J. Courtenay, Page, North Ds-
kota, attorney for defendant and.
appellant. & sr
From McHenry County. T
Bovey-Shut e Jackson, formerly
Bovey4Shpte Lumber company.
= Pi lain Respondent.
~. - rs.
John odegaard;ye IS II;
|ss Defendants.
Defendant espondent-Appellant.
SYLLABuH;
4. In a action to foreclose me.
-chanie's lien the holder of ! prior
mortgage Il not = necessary party.
2. Uader Section 6S23 C. L. 1913
mechahic's liens attach only to the
interest Of the owner Of the land, and
the owner Of such lien by the fore
closure thereof acquires only the
inherent Of the owner 81 the land.
Prior mortgages duly recorded are
superior to- the lien and TO .any title
theyeuuder. ~ -
3..sWhen q mechanics lien has
been foreciosed by, action and title
acquired. thereunder. the Judgment
cannot be questioned in = collateral
proceeding.
4. Under the facts in the case At
bar, the title owner Of real estate
whose title deeds are not Of RECORD
and Who is not = party TO an action
70 forecIose . mechanic's lien, but