Schauble v. Schulz
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of North Dakota. Subject to a mortgage theretofore executed to James Middleton, Michael McNulty was, on June 10, 1887, the owner of the south half of section 7, township 140 north, range 57 west, in Barnes county, Dakota, now North Dakota.
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Appeal from the Circuit Court of the United States for the District of North Dakota. Subject to a mortgage theretofore executed to James Middleton, Michael McNulty was, on June 10, 1887, the owner of the south half of section 7, township 140 north, range 57 west, in Barnes county, Dakota, now North Dakota. On that day the land was sold, subject to the mortgage, under a judgment against McNulty rendered upon default in the district court of Barnes county in a proceeding in attachment, the only notice of which was given by publication. The attachment proceeding was somewhat irregular, and some…
1Opinion of the Court
VAN DEVANTER,
Circuit Judge, after stating the case as above, delivered the opinion of the court.
It will be necessary to consider only the defense that the title under the sheriff’s deed was rendered good and valid by the appellee’s continuous adverse possession of the land for a period of ten years and his payment of all taxes and assessments levied thereon during that period. A statute of the state of North Dakota, entitled “An act relating to the title to real property,” which was approved March 8, 1899, and took effect July 1, 1899, declares:
“All titles to real property vested in any…
2Cases cited31 opinions
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