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# Supreme Court # Reverses One of # Its Own Members The supreme court today was placed in the position of having reversed one of its own members in the case of Alle Fleckten, R. M. Rose and Lee Brundage vs. the Ward County Farmers Press, and W. A. Beardsley as trustee and L. R. Baird as receiver for the First Farmers Bank of Minot, appealed from the Ward county district court. While sitting as judge of the Ward county district court, A. G. Burr, now
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# FROM WARD COUNTY Alle Fleckten. R. M. Rose and Lee Brundage, Plaintiffs and Respondents -VS.- Ward County Farmers Press, a corporation, et al, Defendants W. A. Beardsley, as Trustee of Ward County Farmers Press, Defendant and Respondent L. R. Baird, as Receiver of First Farmers Bank of Minot, North Dakota, a corporation, and Einar Berge, Defendants and Appellants. SYLLABUS: In an action to foreclose a mortgage and to determine the priority between mortgages on the same property where the record shows that the findings of the trial court are not sustained by mortgage record and the documents themselves, the judgment will be reversed. Appeal from the District Court of Ward County, North Dakota, Hon. A. G. Burr, Judge. REVERSED. Opinion of the court by Burke, J. Burr, J., being disqualified, Hon. C. W. Buttz, District Judge, sitting in his stead. Halvor L. Halvorson, and B. H. Bradford, of Counsel, Minot, North Dakota, Attorneys for Defendants and Appellants. Dickinson & Johnson, and L. J. Palda, Jr., and C. E. Brace, all of Minot, North Dakota, Attorneys for Plaintiffs and Respondents. Paul Campbell, Minot, North Dakota, Attorney for Defendant and Respondent, W. A. Beardsley.
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# Judgment of Lower # Court Is Unchanged Where a case triable to a jury is tried only to a judge, the supreme court will not upset the judgment unless it is clearly shown that the judgment is contrary to the evidence, the court held today in the case of L. E. Baird, as receiver for the First Farmers Bank of Minot, vs. Albert Abraham. In the case before the court it was held that a promissory note given by Abraham to the bank was without consideration. The case was appealed by Baird.