The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-05-26

Is held to support the findings Of
the trial cour,;
(a) That tie domicilc of the de-
ceased at the time Of his Death was
in Barnes County and that the coun-
ty court of Barncs County was the
court having jur;c,.::cc: on to probate
his LIST will and Testament.
90 That the VIII was properly
admitted to probate as the valid will
of the deceaceC..
(Syllatus by the Court.)
Ar"eal fem tee ds:ric. court of
Ba,,es County, Hon. M. j. Englert,
Judge. Fem an order denying
their petition to vacate the PROBATE
of the viii of tae deceased and to
declare SAID will to be void, the pc
tit;oners appealed to the district
court, and now appeal from the &C
ton of the district court sustaining
the order Of the county court.
Affirmed. Opinion of the Court
by Nuessle, Oh. j.
A. c. Lacy, for Appellants.
A. +. Paulson, for Respondents.
Gross Appcals)
G.. Gundcrson and NJ. &. Gun
derson, &. Gunderson.
Plaintiffs and Respondents.
Northern Motor Company, a
corporation and Ed Paris.
Defendants and Appellants.
Fred +. Page, r.. II. Page, A.
+. Page, II. W. Page, Mar
tina Page, Mabel Page, II. A.
Schroeder. Ed. Paris, BENZ.
G. Schroeder and Donublc
State Bank, corporation.
Defendants and Appellants.
]. The evidence examined from
which it is held that certain find
ings Of fact of the trial court are
sustained by the evidence, and GER
tain other findings Of fact specific
ally enumerated in the opinion are
held not sustained by the evidence.
Syllabus by the court.
Appeal from the District Court Of
Henville County, Hon J. G. Lowe,
Judge.
Modified. Opinion Of the Court by
Burke. j.. Mr.. Justice Burr. being
disqualified, did not participate,
Hon. NJ. J. Englcrt, Judge Of First
Judicial District, sitting in his
stead.
}. +. organs, Mohall, and +. J.
Funke, Minot, Attorneys for Plain
tiffs and Respondents and Defend
ants and Appellants. Northern Mo-
tor Company and Ed Paris.
+. NJ. Clark. Mohall, and Niece
e. Goss, Minot, Attorneys for APP
pellants Fred +. Page, ct al.
l.. II. Baird, as Receive Of Citizens
State Bank of Maddox, a COR
poration, Of Maddox. North Da-
kota, Plaintiff and Respondent,
VS..
Northern Savings Bark, corpora
ton of st. Paul, Minnesota, ct al,
Defendants and appellants.
i. A trasfer in form deed may
be proved to be in fast mortgage,
giving to the parties the relative
rights and remedies of mcrtgagor
and mortgage, except rs against a
subsequent purchaser or encum-
brancer for value and without no.
tice.
2. A mortgage who in good
faith purchases the mortgaged prop
erty on foreclosure sale withou.
paying any money except costs of
foreclosure, but crediting the
of the bid on the mortga-
gor's debt, is a subsequent pur-
chaser for value within the meaning
Of Sections 6729 and 6755. c. l..
1918. and as to him Geed, absolute
in form. cannot be proved to be a
3. A grantee in an absolute deed,
paying taxes on land so conveyed,
as against a subsequent pur-
chaser at mortgage foreclosure
sale, have them decreed a lien OH
the land.
(Syllabus by the Court.)
Appeal from the District Court
Of Benson County, Crimson, Judge.
Action in equity to declare a deed
\ mortgage and to have taxes paid
oy the grantee decreed a first lien '
IN the land. From a judgment in
favor of the plaintiff, defendants
appeal.
Reversed and action dismissed.
Opinion of the Court by Englert,
Dist. j. Mr.. Justice Burr, disquali-
led, did not participate, Hon. M. j.
Englert, Judge of First Judicial
District, sitting in his stead.
Harold B. Nelson, Rugby, for APP
,ellants.
Traynor & Traynor, Devils Lake,
o. Respondent.
}. o. Lee, ct al, as trustees of an
express trust, doing business un-
der the firm name and style of
the Glen Ullin Trust, Plaintiffs
and Respondents,
vs..
hercules Powder Company, ct al,
Defendants.
). H. Deters ,et al, Defendants and
Appellants.
l. A corporation executed a
rust mortgage on it's property to
ecure two hundred fifty notes ag-
100000 and agreed to
'ay existing liens and mortgages
md thus make the trust mortgage
J first lien on the property. Suf-
'icient funds weer not realized on
tote sales to pay off all liens and
mortgages. An execution, was is
'ued on . prior judgment against
he company and the mortgaged
was sold tn the iudOrnnn<