Page:North Dakota Reports (vol. 1).pdf/319

 "(9) That the said Clayton E. Bradley is totally insolvent, and absconded from the state of North Dakota about the 1st day of July, 1889; and that this plaintiff has no visible means or prospect of recovering his said claim against him except by virtue of said seed lien.

"(10) That the said defendants AnnaG. and William E. Clayton, without the consent or approval of this plaintiff, have illegally and wrongfully taken possession of and have appropriated to their own use and benefit the entire crop of wheat grown on the north half of section 32 of township 147 of range 51, and wrongfully and illegally detain the possession thereof, and every part thereof, from this plaintiff, to his injury and damage to the full amount of his claim, principal and interest, as herein set forth.

"(11) That there is now due the plaintiff on his said claim the principal sum of $330, and 10 per cent. annual interest thereon, from the 30th day of March, 1889, to this date, to-wit, $30.70, making total amount now due, besides costs, $360.70.

"Wherefore the plaintiff prays: (1) That he have judgment against the defendant Clayton E. Bradley, for three hundred and sixty dollars and seventy cents, with 10 per cent. annual interest thereon from the 5th day of March, 1890, until fully paid. (2) That he be allowed a seed lien on all the crop of wheat grown on the north half of section 32, of township No. one hundred and forty-seven of range fifty-one, in the county of. Traill, in the year 1889. (3) That said lien be foreclosed according to law, to pay and satisfy plaintiff's claim, principal, interest, and costs. That the defendants Anna G. and William E. Clayton be ordered to deliver to this plaintiff said crop of wheat, or so much thereof as will fully pay and satisfy the amount of $360.70 and all accrued interest and taxable costs; or, in default of said delivery, that plaintiff have judgment absolute against said Anna G. Clayton and William E. Clayton for the full amount of his claim, principal and interest thereon, from the 5th day of March, 1890, until fully paid, and costs of suit to be taxed. (5) That, if the court should be of the opinion that the notice of seed lien above set out is not in all respects a sufficient compliance with the requirements of the statutes to entitle plaintiff to the benefit of a seed lien, then and in that event plaintiff prays