Lenhart v. Lynn

Decision Date10 September 1923
PartiesLENHART et al. v. LYNN.
CourtNorth Dakota Supreme Court
OPINION TEXT STARTS HERE
Syllabus by the Court.

In an action to compel the defendant to satisfy certain judgments of record, or to respond in damages, the defendant defended on the ground that said judgments are void on their face; said judgments were entered in compliance with the mandate of this court in actions wherein this court held it had jurisdiction of the parties, the general nature of the actions, and the particular matter involved.

It is held: Such judgments are conclusive against the defendant, and their validity cannot be attacked by him.

The lien of a judgment expires after 10 years from the date of its docketing, in the county where it was rendered.

Appeal from District Court, Emmons County; Frank P. Allen, Judge.

Action by G. A. Lenhart and another againt George W. Lynn. From a judgment for plaintiffs, defendant appeals. Modified and affirmed.Lynn & Lynn, of Linton, for appellant.

Newton, Dullam & Young, of Bismarck, and Chas. Coventry, of Linton, for respondents.

BURR, District Judge.

The defendant herein had entered into a contract to sell and convey to the plaintiffs certain lands described in the complaint. Plaintiffs paid part of the purchase price, and when ready to complete the contract tendered to the defendant the amount due-$2,496.70. The plaintiffs found, when they tendered the money, there were certain judgments of record against the defendant, that appeared to be liens against the land involved, and demanded of him that he satisfy said judgments. Upon his failure so to do, they brought this action to compel him to satisfy the judgments or respond in damages. The defendant answered, claiming said judgments are void on their face. The trial court found said judgments valid, and conclusive on the defendant; found the value of the land to be $9,600, the amount due under the contract to be $2,496.70, and that the plaintiffs “are entitled to judgment that the judgments aforesaid be satisfied by defendants; that the defendant be allowed a period of three months within which to satisfy the same, and to convey a title to said premises free and clear of the liens and incumbrances constituted by such judgments, plaintiffs shall have and recover of and from the defendant damages for his said failure in the sum of $9,600, the value of said premises on the date of said tender, less the sum of $2,496.70, then remaining unpaid on said contract, with interest from that date at 6 per cent. per annum.” From the judgment entered, the defendant appeals, alleging error on the part of the trial court in holding said judgments to be valid judgments and conclusive against the defendant.

[1] The judgments involved herein are the judgments entered in the cases of Patterson Land Co. v. Lynn, 27 N. D. 391, 147 N. W. 256;Hackney v. Lynn, 27 N. D. 458, 147 N. W. 263;Hoerr v. Lynn, 27 N. D. 449, 147 N. W. 263;Boynton v. Lynn, 27 N. D. 457, 147 N. W. 263; the judgments of Patterson Land Co., of Hoerr, and of Boynton against the same defendant, all dated February 21, 1917, and the judgment of one Cruser v. Williams, 13 N. D. 284, 100 N. W. 721, for $18, dated June 1, 1910. With the exception of the Cruser judgment, all the judgments grow out of the litigation involved in the cases against the defendant, decided in 27 N. D. 391, 449, 457, and 458, 147 N. W. 256, 263. The issues involved were determined in these cases. In 1917 the defendant filed an application to have the remittitur recalled in the case of Patterson Land Co. v. Lynn, 27 N. D. 391, 147 N. W. 256, in order to reargue the case, which application was denied. See 36 N. D. 341, 162 N. W. 702. Again in 1919 the defendant made a motion in this court to vacate the judgment and decision of this court and to reinstate and reopen the case of Patterson Land Co. v. Lynn, 27 N. D. 391, 147 N. W. 256, which motion was denied. See 44 N. D. 251, 175 N. W. 211. In these other cases, except the Cruser Case, the situation is identical. Now the defendant again seeks to attack the validity of these judgments and claims they are void on their face because-

“it appears affirmatively upon the record of the said judgments, that the subject-matter or question submitted to the jurisdiction of the court by the litigants in the actions in which the judgments were entered was not adjudicated, and that another and different subject-matter, which was not submitted, was adjudicated, and these judgments were entered on such wrongful adjudication.”

This is the statement of the defendant as set forth in his brief. He states further:

“The issue between the plaintiff and defendant wholly relates to the validity of the judgments, and if the judgments are valid the plaintiff must prevail.”

The term “subject-matter” is defined in the case of Patterson Land Co. v. Lynn, 44 N. D. 251, 254, 175 N. W. 211. In this case the court held that the “subject-matter” involved and determined by the court was the land and “the rights and interest of the respective parties in, such land.” The defendant insists that the allowance by this court of certain amendments offered in, and rejected by, the trial court changed the “subject-matter,” and in...

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4 cases
  • Groth v. Ness
    • United States
    • North Dakota Supreme Court
    • May 1, 1935
    ...70 Am. Dec. 698. This lien expires after ten years from the date of its docketing in the county where it was rendered (Lenhart et al. v. Lynn, 50 N. D. 87, 194 N. W. 937;Murphy v. Riecks et al., 40 Cal. App. 1, 180 P. 15;McGinnis v. Seibert, 37 Okl. 272, 134 P. 396;Ruth v. Wells et al., 13 ......
  • Groth v. Ness
    • United States
    • North Dakota Supreme Court
    • May 1, 1935
    ... ... 71, 70 Am. Dec. 698. This lien expires after ten ... years from the date of its docketing in the county where it ... was rendered, Lenhart v. Lynn, 50 N.D. 87, 194 N.W ... 937; Murphy v. Riecks, 40 Cal.App. 1, 180 P. 15; ... McGinnis v. Seibert, 37 Okla. 272, 134 P. 396; ... Ruth v ... ...
  • Patterson Land Co. v. Lynn
    • United States
    • North Dakota Supreme Court
    • July 28, 1924
    ...In 1923 another case growing out of the judgments involved in the present appeal came before this court, and was decided in Lenhart v. Lynn (N. D.) 194 N. W. 937, on July 7, 1923, and rehearing denied on September 10, 1923. In legal strategy, number of legal battles, and judicial decisions ......
  • Leifert v. Wolfer
    • United States
    • North Dakota Supreme Court
    • October 26, 1946
    ...of any district court in this state may be renewed. * * *.' The statute then provides for the method of the renewal. In Lenhart et al. v. Lynn, 50 N.D. 87, 194 N.W. 937, we specifically, 'The lien of a judgment expires after 10 years from the date of its docketing, in the county where it wa......

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