Page:North Dakota Reports (vol. 48).pdf/68

 whom it is to be made reside in different places, between which there is a regular communication by mail.

The papers attempted to be served in this case were a certain notice of appeal and undertaking. Plaintiff having appeared by his attorneys, they were the proper parties on whom service should be made of the papers in question. (See § 7959, Comp. Laws 1913.)

They, as well as defendants’ attorneys, being all residents of Devils Lake, the papers should have been served upon plaintiff’s attorneys in the manner provided in Subdivision 1 of § 7951, Comp. Laws 1913.

It would be superfluous to add, that the service in question does not comply with the requirements of the above statutes.

CITIZENS STATE BANK of Selfridge, North Dakota, a corporation, Respondent, v. FRANK E. WINMILL, J. C. SWEENEY, and FIRST STATE BANK OF STANTON, a corporation at Stanton, North Dakota, Appellants.

Chattel mortgages—lien first in time held prior to subsequent lein.

The plaintiff sues to foreclose a chattel mortgage for $1500 and interest. Defendants answer that the mortgage has been fully paid and the Stanton Bank claims certain mortgage liens, which this Court holds to be superior to that of the plaintiff. As the pleadings and the evidence did not fairly present the question of payment, the trial court failed to consider it, leaving defendants to bring an action for an accounting. Hence, this court does not attempt to determine that question. It remands the case that the pleadings may be amended and the question of payment determined on further evidence and cn amended pleadings.