Magoffin v. Watros ex rel. Brouillard
North Dakota Supreme Court
Action to determine adverse claims, in District Court, Dickey County, Graham, J. The plaintiff has appealed from the judgment rendered quieting title, in part of the lands, in the estate, and, in another part, in the defendant, and has demanded a trial de novo. Statement by Bronson, J. This is an action to determine adverse claims. The plaintiff is the' administrator of the estate of Nellie A. Maxwell, deceased. The defendant is the infant daughter of the deceased.
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Action to determine adverse claims, in District Court, Dickey County, Graham, J. The plaintiff has appealed from the judgment rendered quieting title, in part of the lands, in the estate, and, in another part, in the defendant, and has demanded a trial de novo. Statement by Bronson, J. This is an action to determine adverse claims. The plaintiff is the' administrator of the estate of Nellie A. Maxwell, deceased. The defendant is the infant daughter of the deceased. On November 19th, 1914, the mother executed two warranty deeds, her daughter being named therein as grantee. The only testimony…
1Opinion of the Court
Bronson J.
(after stating the facts as above). The question of the delivery of the deeds is a question of intention. Devlin, Deeds, 3d ed. §§ 262, 308; O’Brien v. O’Brien, 19 N. D. 713, 715; 125 N. W. 307; Hudson v. Hudson, 287 Ill. 286, 122 N. E. 500. This is a question mainly of fact. Devlin, Deeds, §§ 262, 308; O’Brien v. O’Brien, 19 N. D. 713, 125 N. W. 307. The legal principles applicable are not seriously in dispute. It has been held by this court that a deed delivered to a third person to be delivered after the grantor’s death, operates as a valid delivery and present transfer of title,…
2Cases cited11 opinions
- Bury v. YoungCalifornia Supreme Court · 1893
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Hudson v. HudsonIllinois Supreme Court · 1919
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
- Scandinavian American Bank of Fargo v. WestbyNorth Dakota Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Shuck Ex Rel. Shuck v. ShuckNorth Dakota Supreme Court · 1950
- Stark County v. KochNorth Dakota Supreme Court · 1961
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- Keefe v. FitzgeraldNorth Dakota Supreme Court · 1939
- Frederick v. FrederickNorth Dakota Supreme Court · 1970
8 more not listed; retrieve them via the Exa API.