not operate to give constructive notice thereof." Banbury v. Sherin, (S. D.) 55 N. W. 723; 23 C. J. 765.
"Under chap. 5594, Comp. Laws 1913, an unrecorded deed is void as against a judgment lawfully obtained against the person in whose name the title to real property appears of record. And the certificate of sale issued to a purchaser upon a sale legally held under an execution issued upon such judgment is valid as against an unrecorded deed, of which the judgment creditor and purchaser had no notice." McCoy et al. v. Davis et al., 38 N. D. 328.
Thorstein Hyland, for respondents.
As the appellant did not move for a new trial in the court below, the same is not subject to review by the Supreme Court. Morris v. Mpls. & St. Paul Railway Co. (N. D.) 155 N. W. 861.
Defendant did not renew his motion for a directed verdict at the close of the case, which is necessary in order to raise the questions in the Supreme Court. Kennedy v. State Bank 22 N. D. 69; Wood v. Campbell 28 S. D. 197; 132 N. W. 785.
The Statute also provides how you may serve Summons. § 7427 Revised Code.
The return must show clearly the manner in which service was made. 22 Cyc. 503 and the cases cited.
A statement in return that the copy was served is insufficient. Graves v. Robertson, 22 Texas 130.
There is sound reason why the mode of serving summons must be distinctly stated. Weaver v. Springer, 2 Miles (Pa.) 42; Harris v. Sargeant (Oregon) 60 Pac. 608.
There is nothing in the records to show that service was made by a competent person. He may have been a minor and service cannot be made by minors. § 7427 Revised Code.
Even if statute is silent service cannot be made by minors. Gilson v. Kuenert, (S. D.) 89 N. W. 472.
Robinson, J. This is an appeal from a judgment of $400 and costs against the defendant for the conversion of a J. I. Case engine. In May, 1919, at Beulah, the plaintiff sold the Case engine to Sam Crosby, and for the purchase price Crosby made to them a promissory note and a mortgage on the engine for $700. The mortgage was duly executed,
