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• Language: unknown
• Published: North Dakota State Library
• Subjects: Politics & Government; Arctic; Collier; Emerson; Homestead; Kelsey; Mueller
• Online Access: http://cdm16921.contentdm.oclc.org/cdm/ref/collection/p16921coll3/id/27504

MOREAU LUMBER CO. v. JOHNSON 115 415, 51 L. ed. 1117, 27 Sup. Ct Kep. 720, 11 Ann. Cas. 789 Coder v. Arts, 213 U. S. 223, 53 L. ed. 772, 29 Sup. Ct. Kep. 436, 16 Ann. Cas. 1008 Re Hersey, 171 Fed. 1004; Collier, Bankr. 9th ed. 944, 945 Remington, Bankr. §§ 1154 and 1155, pp. 681, 682; Re Grissler, 69 C. C. A. 406, 136 Fed. 754; Re Robinson, 83 C. C. A. 121, 154 Fed. 343 Re Emslie, 42 C. C. A. 350, 102 Fed. 292. A. C. Lacy and Edgar E. Sharp, for respondent. Pleadings should be liberally construed with a view to substantial justice. Rev. Codes 1905, § 6869. The trustee must be treated as an encumbrancer in good faith and for value from the date of the adjudication in bankruptcy. Teller v. Hill, 18 Colo. App. 509, 72 Pac. 811; Kelsey v. Remer, 43 Conn. 129, 21 Am. Rep. 638. The act, by the amendment, is given the same force as the seizure of the property under execution or attachment by a creditor, and cannot be given any retroactive effect. Arctic Ice Mach. Co. v. Armstrong County Trust Co. 112 C. C. A. 458, 192 Fed. 114; Hart v. Emerson- Brantingham Co. 203 Fed. 60 Re Nuckols, 201 Fed. 437 Re Farmers' Supply Co. 196 Fed. 990 Re Dancy Hardware & Furniture Co. 198 Fed. 336. By failing to file the statement within the ninety days they waived their right to claim the lien. Bastien v. Barras, 10 N. D. 29, 84 N. W. 559. A petition in bankruptcy is a caveat to all the world, and is, in effect, an attachment or injunction. Mueller v. Nugent, 184 U. S. 1, 46 L. ed. 405, 22 Sup. Ct. Rep. 269. Goss, J. This is an action to foreclose a mechanics' lien for $625.18, interest and costs. The material was sold to a homestead entryman, and used in the construction of a dwelling house and granary upon his unproven government homestead entry in Hettinger county. Final proof has not been made. The last item of material was furnished July 27, 1910. The statutory ninety-day period for filing lien as against subsequent purchasers and encumbrancers without notice expired October 25, 1910. Prior thereto, and on October 19, defendant filed in the district court of the United States for the district of North Dakota his petition in voluntary bankruptcy, and was forthwith ad