Murry v. Burris
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Lawrence county; Hon. C. M. Thomas, Judge. Plaintiff’s entry was unlawful from the beginning. 3 Blackst. 171. The owner of land, wrongfully kept out of possession, may, if he can, regain and maintain his possession.
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APPEAL from the district court, Lawrence county; Hon. C. M. Thomas, Judge. Plaintiff’s entry was unlawful from the beginning. 3 Blackst. 171. The owner of land, wrongfully kept out of possession, may, if he can, regain and maintain his possession. McDougal v. Sitcher, 1 Johns. 42 ; Hyatt v. Wood, id. 157, 158 ; Ives v. Ives, 13 id. 235; Smith v. Burtis, 6 id. 218; Jackson v. Farmer, 9 Wend. 201, 203; Warren v. Warren, 17 id. 257; Parsons v. Brown, 15 Barb. 590; Gyre v. Culver, 47 id. 592; Sage v. Harpending, 49 •id. 175 ; Wood v. Phillips, 43 N. Y. 152; Bliss v. Johnson, 73 id. 529; Tribble…
1Opinion of the CourtTripp, C.J.
This is an action of forcible entry and detention brought to recover possession of a quarter section of land with the buildings and improvements thereon, situated in the county of Lawrence, Dakota.
The complaint contains two causes of action, or states its cause of action in two counts. In the first, plaintiff alleges an unlawful entry by force and violence, and an unlawful entry by fraud and stealth, with unlawful detention. In the second he alleges unlawful entry by fraud and stealth, and the unlawful detention of the premises. The defendants answer without objection to the form and…
2Cases cited12 opinions
- Slacum v. PomerySupreme Court of the United States · 1810
- Scotland County v. HillSupreme Court of the United States · 1884
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Garland v. DavisSupreme Court of the United States · 1846
- Roach v. HulingsSupreme Court of the United States · 1842
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3Cited by14 opinions
- Armstrong v. MayerNebraska Supreme Court · 1900
- Anderson v. HeinzeNorth Dakota Supreme Court · 2002
- Rowenhorst v. JohnsonSouth Dakota Supreme Court · 1925
- Goodman Investment, Inc. v. Swanston Equipment Co.North Dakota Supreme Court · 1980
- Davis v. LongNorth Dakota Supreme Court · 1920
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