Page:North Dakota Reports (vol. 1).pdf/559

 all other property in and about the store, including book-accounts and bills receivable. L., at the same time, leased the store-room to plaintiffs, and plaintiffs caused the bill of sale and lease to be filed for record with the register of deeds. At the time the bill of sale and lease were made, and as a part of the same transaction, plaintiffs with L., by an agreement not reduced to writing, that plaintiffs should convert the property described in the bill of sale into money, and out of the money so obtained plaintiffs were to pay their own claim against L., and that of one other creditor. In pursuance of these agreements the plaintiffs took the property described in the bill of sale into their possession. Two days after the plaintiffs took possession of the property it was attached by certain other creditors of L. Held, that the parol agreement reserved a trust in the property in favor of L., and not being apparent in the bill of sale, was secret, and consequently the transaction was against public policy, and fraudulent in law, and therefore void as to attaching creditors. Newell v. Wagness, 62.

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Writ may be issued by supreme court. State v. Nelson Co., 88.

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1. Supreme court will not issue writ of, in exercise of its original jurisdiction to restrain local taxation. State v. Nelson Co., 88.