Page:North Dakota Reports (vol. 3).pdf/233

 from orders granting or refusing a new trial are in a class by themselves. See Haynes, New Trials & App. § § 262, 263. Our statutes do not embrace a provision similar to § 951 of the California Code of Civil Procedure, and hence decisions from that state are not in point here as to what constitutes the record on appeals from orders granting or refusing a new trial. See Haynes, New Trials & App. (Ed. 1884,) p. 785, § 262. While we regret the necessity which obliges us to dispose of this case upon a question of practice, yet the exigencies of particular cases cannot suffice to justify this court in violating long established rules of practice, which are essential to the regular administration of law. The order appealed from is affirmed. All concur.

(54.N. W. Rep. 1032.)

vs..

Opinion filed DeccemberDecember [sic] 28th, 1892.

Sufficiency of Description in Chattel Mortgage.

The description in a chattel mortgage stated that the property was situated on a certain section in a certain township and range, but did not name the county or state within which such section and property were located. The mortgage was filed by the mortgagee in Ransom County, in the then Territory of Dakota, and it was shown that the section named in the mortgage was located in that county, and th&t property corresponding with that described in the mortgage was situated thereon, owned by the mortgagor. Held, a sufficient description as against an ‘attaching creditor as to such property, but not as to property not situated on such section.

Priority of Mortgage Over Attachment’ Lien.

Where a creditor attaches personal property covered by a mortgage, between the execution and delivery of the mortgage and the filing thereof, his lien is not superior to that of the mortgagee, under the statute (§ 4379) declaring such mortgage void as to creditors unless filed, where the debt for which he attaches existed before the giving of the mortgage, and the creditor has not altered his position to his detriment since the mortgage was given, and before the filing thereof.

Possession Substitute for Refiling.

It is unnecessary, to preserve the lien of a chattel mortgage, to renew the same by refiling a copy thereof, with a statement, etc., as required by Ch. 41, of the Laws of 1890, where the mortgagee has taken possession of the property before the period arrives at which the statute requires the mortgage to be so renewed.

N. D. R. 13.