Page:North Dakota Reports (vol. 1).pdf/89

 Lee to the plaintiffs, which amounted at that time to about $2,900; and also as a part of the same agreement and contract, but also resting in parol, the said Newell & Co. agreed with said Lee to convert said property into cash, and after paying their own claim against said Lee to pay a mortgage on the homestead of said Lee, amounting to $2,486.04, which was then held by the Merchants’ National Bank of Devil’s Lake, and after making such payments return the surplus to said Lee; that the plaintiffs at once, after the making of the above contract, and under and pursuant to the terms thereof, took possession of all of the property above described, and retained such possession until dispossessed by the defendant under the attachment above mentioned; that the plaintiffs caused said bill of sale to be filed for record in the office of the register of deeds of Ramsey county, Dak., on the 7th day of December, 1888, at 8 o’clock ; that said jill of sale has ever since said date remained on file in said office; that said bill of sale was reported by the R. G. Dun & Co. Commercial Agency on the day or theday after said bill of sale was so filed for record; that the attachment creditors, Tarbox, Schliek & Co., learned of the existence of said bill of sale from the report of said R. G. Dun & Co., about the date of said bill of sale, and also learned of the existence of said bill of sale from letters written from Devil’s Lake to said Dun & Co.; that the attachment creditors, Wyman, Mullin & Co., learned of the existence of said bill of sale on the date the same was filed for record, from a telegram from their attorney at Devil’s Lake; that there was no evidence offered on the trial to show that the attaching creditors mentioned in the defendant’s answer knew of the existence of the oral agreement which accompanied said bill of sale; that said Lee, at the time said bill of sale was executed, and as a part of the same transaction, by a written lease, leased his store building in Devil’s Lake, Dak., in which the property described in the bill of sale was located, to the plaintiffs for the period of three months, with the privilege of one year, for $30 per month; that said lease was filed in the office of the register of deeds of Ramsey county, Dak., at the same time the bill of sale was filed; the property described in the above bill of sale was all the property, real or personal, owned by said Lee on the