Baker v. Sabinash, et al.
Docket No. 20140230
Oral Argument:
Tuesday, February 3, 2015 2:45pm
Docket Info
- Title
- Dana Eldon Baker, Plaintiff and Appellee
v.
Marlin Michael Sabinash, Tanya Leigh Sabinash,
Unison Bank, Inc., and all persons claiming
an estate or interest in, or lien or
encumbrance upon the real property described
in the Complaint, Defendants
---------------
Marlin Michael Sabinash
and Tanya Leigh Sabinash, Appellants - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 10-C-00062
Southeast Judicial District, Stutsman County
John T. Paulson
2015 ND 153864 N.W.2d 436
Oral Argument
2/3/2015
Highlight
Where the State is given a mortgage lien upon real property, and thereafter taxes are levied against said real estate and become due after the mortgage lien is created, the tax lien and the mortgage lien are not of equal rank.
The question of priority of liens against the same real estate held by the State is determined by the time of the creation of the liens, unless otherwise provided by statute, and taxes on the real estate becoming due after the mortgage lien of the State is created are subordinate to the lien of the mortgage.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/30/2014 | NOTICE OF APPEAL : 06/29/2014 | |
| 2 | 06/30/2014 | ORDER FOR TRANSCRIPT : 06/29/2014 | |
| 3 | 07/25/2014 | ELEC. RECORD ON APPEAL DATED July 24, 2014 (ENTRY NOS.1-53) | |
| 4 | 07/28/2014 | TRANSCRIPT DATED August 26, 2010, & C.O.S. | |
| 5 | 07/28/2014 | DISK-tra (8/26/10) e-mailed | |
| 6 | 09/08/2014 | MOT. EXT/TIME APPELLANT BRIEF | |
| 7 | 09/08/2014 | E-FILED MOTION | |
| 8 | 09/08/2014 | ACTION BY CLERK - Granted : 09/15/2014 | |
| 9 | 09/08/2014 | AMICUS CURIAE BRIEF | View |
| 10 | 09/08/2014 | DISK (ACB)(e-mailed) | |
| 11 | 09/08/2014 | AMICUS CURIAE APPENDIX | |
| 12 | 09/08/2014 | MOTION FOR LEAVE TO FILE AMICUS CURIAE | |
| 13 | 09/08/2014 | Request to Participate in Oral Argument | |
| 14 | 09/09/2014 | ACTION BY CHIEF JUSTICE (Motion to file Amicus Curiae) - Granted | |
| 15 | 09/10/2014 | Rcv'd C.O.S. of ACB on Unison Bank | |
| 16 | 09/15/2014 | MOT. EXT/TIME APPELLANT BRIEF | |
| 17 | 09/15/2014 | E-FILED MOTION | |
| 18 | 09/15/2014 | ACTION BY CLERK - Granted : 10/08/2014 | |
| 19 | 10/08/2014 | Non-compliant ATB received, rejected and given until October 21, 2014, to file compliant brief | |
| 20 | 10/20/2014 | Time to file compliant Appellant's brief extended to October 31, due to an emergency | |
| 21 | 10/31/2014 | APPELLANT BRIEF | View |
| 22 | 11/03/2014 | DISK - ATB (e-mailed) | |
| 23 | 11/03/2014 | certificate of service of Appellants' Brief | |
| 24 | 11/07/2014 | ACTION BY CHIEF JUSTICE (Allow amicus to participate in oral argument) - Granted | |
| 25 | 12/01/2014 | APPELLEE BRIEF | View |
| 26 | 12/04/2014 | DISK (E-MAILED) | |
| 27 | 12/08/2014 | Rcv'd corrections to Appellant's Brief (Paragraph numbering and corrected proof of service) | |
| 28 | 01/12/2015 | NOTICE OF ORAL ARGUMENT SENT | |
| 29 | 02/03/2015 | APPEARANCES: Douglas B. Anderson; Jack L. McDonald; James A. Reisnour | |
| 30 | 02/03/2015 | ARGUED: Douglas B. Anderson; James A. Reisnour | |
| 31 | 02/03/2015 | ORAL ARGUMENT WEBCAST | |
| 32 | 02/03/2015 | During Open Court, Amicus was directed to submit a letter correcting a citation in his brief | |
| 33 | 02/05/2015 | Supplemental Citation by Amicus Curiae | |
| 34 | 06/11/2015 | DISPOSITION | |
| 35 | 06/11/2015 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 36 | 06/11/2015 | Costs taxed in favor of Appellant | |
| 37 | 06/12/2015 | Judgment Sent to Parties | |
| 38 | 07/08/2015 | MANDATE | |
| 39 | 07/13/2015 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |