The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-02-10
Court Decisions
From Ward County

FROM Woe0 County
Genevieve Fisher, Petitioner and APP
pellant. W. Burl Fisher, as Admin.
istrator Of the Estate Of John
Fisher, Deceased, Respondent.
SYLLABUS: =,
\. The husband and wife may
agree to an imemdiate separation and
mutual consent thereto is a sufficient
consideration. tSecs. 44l2. 44l3, G,
l.. 1879
:. Where differences or dissen-
sinns have arisen between husband
and wife, written agreement, fairly
made between them, whereby they
agree to an immediate, or the con.
tinuance of an existing separation, is
generally held not to be contrary to
public policy.
3. Where the family relationship,
rs ordinarily known and understood,
was Intentionally destroyed Through
the voluntary act of the parties
thereto by contracting to live sep
arate and apart during their natural
lives. as though they were single per-
sons, and thereafter did 80 live sep
arate and apart until che death of
the husband, the widow, there being
no minor children dependent upon
her for support and maintenance, is
not entitled to the exemptions Of
property Of the value of $l5OO.OO pro-
vided for in Section 1925, G. L. 1913.
Appeal from the District Court of
Ward County, Hon. John G. Lowe,
Judge.
Affirmed. Opinion of the Court By
Pugh, Dist. J. Mr.. Chief Justice
christensen did not participate,
Hon. Thos. II. Pugh, Judge of the
Sixth Judicial District, sitting in his
stead, by request.
Benson e. Benson, DOttineau, IN.
OAK, for appellant.
c. b. Davis, Minot, N. Oak, for re-
SpOndcnt.
From Stark County 80.
Fargo Loan Agency, a corpor-
alton,
Plaintiff and Respondent
VS..
l. f. Larson and Dresden
Larson Lumber Company, "A
corporation,
Defendants and Appellants
l. One w., January rs, 1929, exc.
cuted and delivered to defendant q
chattel mortgage on the half of the
crop to be raised during the farm
ing season Of 1923, on certain farm
lands therein described, in which he
then had no interest as tenant OF
otherwise. Subsequently he became
tenant on shares of the owner of the
land under a farm lease, executed
April 9th, 1923.
Held: The title, right and inter.
est acquired by the mortgagor by
virtue Of that lease, insured to the
benefit of the mortgage az security
for the debt described in the mort.
gage. relating back to the time OF
the execution of the mortgage.
2. Where the plaintiff had moved
for a directed verdict, and where
upon the entire record, it is evident
that plaintiff, as a matter of law
was entitled to judgment on the mcr.
its in q sum in excess of the amount
awarded by the verdict of the jury
the amount plaintiff is entitled Il
recover being shown by undisputed
evidence, and there being no rea
sonable probability that different
result would be reached upon an
other trial, the trial court may pro.
perly enter judgment non obstante
for the amount the proofs. show
plaintiff entitled to, recover.
.. "A question not raised in the
trial court will not be considered or
appeal to the Supreme Court.
4. 1t is held, for reasons statet
in the opinion, that this action was
commenced and prosecuted with rea.
sonable diligence.
S. One whose interest In grain
which has been converted is special
and limited, is entitled to recover
such an amount only as will compen
safe him for the loss Of, or damage
to, that interest.
Appeal from the District Court of
Stark County, Hon. F. T. Lembke,
Judge.
MODIFIED AND AFFIRMED.
Opinion of the Court by PIsh
Dist. j. Mr.. Chief Justice Christ
ianson did not participate, Hon.
Thos. H. Pugh. Judge of the Sixth
Judicial District, sitting in his stead,
by request.
Harvey J. Miller, New England,
for Appellants.
r. II. Brainard and Otto Thrcss,
Dickinson, for respondent.