Page:North Dakota Reports (vol. 1).pdf/578

.

1. A court of equity will not reform such “account in writing” to make it conform to an oral understanding between the parties to. the seed-lien transaction by inserting a proper description of the land therein. The lien arises on the statute, and does not depend for its existence upon a contract. Such lien can only be acquired by a substantial compliance with the statute which authorizes the lien." Id.

2. The fact that a description of a different tract of land from that upon which the seed was sown was inserted through either the design or inadvertance of the party to whom the seed was furnished will make no difference with the rule above laid down. Id.

.

Against claim of exemptions sheriff may show that the debt, in action on which he seized the property claimed, was incurred under false pretenses. Taylor v. Rice, 72.

.

Courts of equity will not decree specific performance of contracts containing continuous covenants, the enforcement of which might require the constant supervision of a court; nor will they enforce specific performance of contracts, every alleged violation of which would require the consideration and determination of questions of fact. Kidd v. McGinnis, 331.

.

Defendants Carrie E. Lovejoy and R. P. Russell were non-residents, and service was attempted to be made on them by publishing the sum-