Delaney v. State
North Dakota Supreme Court
’Appeal from the District Court of Benson County, O. W. Buttz, J. “Property escheats when. All property, real and personal, within the limits of this state, which does not belong to any person or to the United States, belongs to the state. Whenever the title of any property fails for want of heirs or next of kin, it reverts to the state.” Comp. Laws 1913, § 9. “The heirs of a deceased person have no vested interest in the property of a deceased person.”
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’Appeal from the District Court of Benson County, O. W. Buttz, J. “Property escheats when. All property, real and personal, within the limits of this state, which does not belong to any person or to the United States, belongs to the state. Whenever the title of any property fails for want of heirs or next of kin, it reverts to the state.” Comp. Laws 1913, § 9. “The heirs of a deceased person have no vested interest in the property of a deceased person.” Strauss v. State, 36 N. D. 601, 162 N. W. 908. At best the heirs of a deceased person have only permission on the part of the state, upon…
1Opinion of the CourtBiedzell, J.
This is an appeal from an order overruling a demurrer to the complaint. The action is brought by the plaintiffs against the state of North Dakota and John Steen, as treasurer, for the recovery of certain personal property alleged to have come into the possession of the defendant as a result of a decree of distribution entered in probate proceedings in the county court of Benson county. The facts alleged upon which the questions of law raised by the demurrer depend may be briefly stated as follows: One Michael Clifford died on or about the 9th day of October, 1913, in the city of Minneapolis,…
2Cases cited8 opinions
- Wunderle v. WunderleIllinois Supreme Court · 1893
- People ex rel. Attorney-General v. RoachCalifornia Supreme Court · 1888
- State v. O'DayOregon Supreme Court · 1902
- Finn v. WalshNorth Dakota Supreme Court · 1909
- McClellan v. StateSouth Dakota Supreme Court · 1911
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3Cited by2 opinions
- Matter of People (Melrose Ave.)New York Court of Appeals · 1922
- State v. Standard Oil CompanyNew Jersey Superior Court Appellate Division · 1949