Brodina v. Vranek

• Decision Date: 08 December 1923
• Citation: 50 N.D. 420,196 N.W. 311
• Parties: BRODINA v. VRANEK et al.
• Court: North Dakota Supreme Court

50 N.D. 420

196 N.W. 311

BRODINA

v.VRANEK et al.

Supreme Court of North Dakota.

Dec. 8, 1923.

Syllabus by the Court.

A statement filed by the operator of a threshing machine for the purpose of perfecting a threshing lien, under section 6855,Comp. Laws 1913, which does not recite the amount and quantity of grain threshed, is insufficient, and the filing of the same, though otherwise conforming to the statute, within the statutory time, does not operate to perfect a lien upon the grain threshed.

Appeal from District Court, Walsh County; W. J. Kneeshaw, Judge.

Action by John Brodina against Frank Vranek and others.From a judgment for defendants, plaintiff appeals.Affirmed.Harold F. King, of Park River, for appellant.

Gray & Myers, of Grafton, for respondents.

JOHNSON, J.

This is a contest between a claimant under a threshing lien alleged to have been perfected within the provisions of section 6855, C. L. 1913, and claimants under two separate chattel mortgages.The only question in the case is as to the sufficiency of the lien statement filed by the plaintiff.The case was tried upon stipulated facts, and resulted in a judgment for the defendants, the Bank of Park River and the First State Bank of Lankin.The trial court held that the lien statement was insufficient, and that the plaintiff, therefore, did not have a threshing lien upon the grain raised upon the premises described in the statement filed and in the chattel mortgages.

The plaintiff is the operator of a threshing machine, and during the season of 1921 threshed grain upon the premises, described in the statement hereinafter mentioned, at the request of the defendant Vranek, the owner thereof.The lien statement was verified and filed within the statutory time.The statement as filed does not set out “the amount and quantity of grain threshed.”The question is whether this omission invalidates the claim of plaintiff to a threshing lien.In all other particulars, the statement appears to conform with the statute.Section 6855, C. L. 1913, reads as follows:

“Any person entitled to a lien under this chapter shall, within thirty days after the threshing is completed, file in the office of the register of deeds of the county in which the grain was grown a statement in writing, verified by oath, showing the amount and quantity of grain threshed, the price agreed upon for threshing the same, the name of the person for whom the threshing was done and a description of the land upon which the grain was grown.Unless the person entitled to the lien shall file such statement within the time aforesaid he shall be deemed to have waived his right thereto.”

It will be perceived that, in order to perfect a...