The Evening Times

They Have no Prior Right Under Decision by Judge Leighton of Minot.

Minot, N. D., Oct. 25.—That seed liens held by the county are inferior to mortgages filed prior to the lien is the decision handed down by Judge K. E. Leighton of the district court in a recent case held before him.

This question was involved in an old case being heard before Judge Leighton and the decision rendered has an important bearing on future litigation in the Ward county courts.

So many farmers of this county have borrowed seed from the county that the decision will directly affect them in the matter of their mortgages and the procuring of the same. Judge Leighton holds that a seed lien held by the county against land owned by farmers is not to be classed with taxes and such revenue which takes priority over every other claim against the said land, but is merely a matter of the county as a corporation entering into a business deal with the farmer and that a mortgage filed prior to the lien has first claim against the land.

So important is this decision that it is understood the case will be sent to the supreme court of the state for an opinion.

Should the supreme court uphold the decision of Judge Leighton in this matter, many prospective mortgages will undoubtedly be affected as well as many already granted.

SEED LIENS ARE ON OWN CHOICE BUT SECONDARY