The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-03-12
Elliott School District No. %,
Elliott, North Dakota,
n1os r%:fF c.J D.~

Elliott School District No. %,
Elliott, North Dakota,
Plaintiff and Respondent
20. NJ. Gorder,
Defendant and Appellant
l. In an action to recover the
value Of bank stock, which has nc
market value, the measure Of dam.
ages is the actual value Of the stock
2. The value of corporation stock
may be shown by the testimony OF
persons connected with the business
and having personal knowledge Of
the affairs.
3. Evidence in the instant case
examined and held, that it does not
sustain finding that the value OF
the bank stock involved was more
than par, but will sustain finding
that it was worth par.
6a (Syllabus by the court)
Appeal from the District Court of
Ransom County, Hon. Chas. E.
Wolfe, Judge.
MODIFIED AND AFFIRMED
Opinion Of the court by Burke,
Oh. J. Kvello, Adams e. Rourke, Lis
bon, North Dakota, Attorneys for
Appellant. Mr.. Chas.. S. Ego, Lisbon,
North Dakota, Attorney for Re-
spondent.
No. 5526-Dakota Trust Company,
a corporation, as Administrators of
the Estate of Emil j. Headland, de-
ceased, plaintiff and respondent.
vs.
Oline Headland and Solvei Head
land, defendants; Oline Headland,
defendant and appellant,
No. 5551-Dakota Trust Company,
a corporation, as Administrators of
the estate of Emil j. Headland,
plaintiff and respondent,
vs.
Oline Headland, defendant and ap-
pellant.
!. A court of equity will not set
aside as fraudulent a conveyance of
an equity in property which has no
value.
2. A sale of property will not be
set aside as fraudulent at the in
stance of a creditor, when it appears
that the property is exempt from
execution.
3. Creditors who permit widow
to remain in possession of property
exercising dominion over it as the
owner. for one year and seven
months before commencing probate
proceedings, and two years and sew
en- months before bringing action to
determine the rights Of property;
all the time that the widow
is paying mortgages on the property
and her husbands debts generally,
will be denied relief when it is clear
that Judgment setting aside the
sale Of such property as fraudulent
cannot be granted, without doing
great injustice to the widow, as the
laches and conduct Of the creditors
are an acquiescence in the validity
IF the transfers.
4. AS administrator who adj
1ances money to redeem q homestead
from sale on foreclosure of mort
gage thereon, is subrogated to all
The rights Of the holder Of the GER i
sificate of sale, and his lien there
lnder is superior to the homestead
interest.
(Syllabus by the court)
Appeals from the District Court
# Cass County, Hon. P. G. Swenson,
Judge,
MODIFIED as to File No. $500.
REVERSED as to File No. 1851.
Opinion Of the court by Burke,
yh. ]. christensen, j., did not par
;icipate; Hon. Geo.. NJ. McKenna, !
Judge Of the Third Judicial District, |
sitting in his stead.
State Of North Dakota. ex rel. James
Morris, attorney general Of the
State Of North Dakota, relator. q.
r. q. Mcfarland ad J. A. Cofley.
respondents.
!. Where, following g;::.:::- al slec-
Ion, 4 certificate Of election Is reeu-
arly iseued to 4 candidate tor the
,tfice Qf Judge Of he district court, |
md where. upc:. petition Of the s...-
;n-.5ey &C.. -yA, Is relator, It appc = |
hat the candidate whom such GER
;tficate vas Issued received Q greater |
number Of votes than the incumbent |
y said Office; that after tho period
!: ID gone BY within ''aich to qualify |
or the term To-: which said electj 4 |
vas hold both the candidate holdinx |