Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'n
North Dakota Supreme Court
Appeal from tbo District Court of Ward County, Leighton, T. Plaintiff appeals from an order sustaining a demurrer to the complaint. “Possession by a tenant is constructive notice, as to third persons, of the title of the landlord.” 24 Cyc. 924. “The ownership of the realty carries with it, as an incident thereto, the prima facie presumption of the ownership of annually sown crops.
Read the full summary
Appeal from tbo District Court of Ward County, Leighton, T. Plaintiff appeals from an order sustaining a demurrer to the complaint. “Possession by a tenant is constructive notice, as to third persons, of the title of the landlord.” 24 Cyc. 924. “The ownership of the realty carries with it, as an incident thereto, the prima facie presumption of the ownership of annually sown crops. And the owner of the land may, iu parting with the use of it to another, make such conditions and reservations in relation to the land itself or-to the products growing from it as he chooses, instead of parting with…
1Concurring in part, dissenting in partGrace, J.
In so far-as the majority opinion affirms the decision in the case of Minneapolis Iron Store Co. v. Branum, 36 N. D. 381, L.R.A.1917E, 298, 162 N. W. 543, I am in accord with it. That that case should bé recognized as completely settling the law on the questions there involved is a matter about which there can be no controversy, in view of the fact that, for a period of twenty-five years, a large amount of litigation was continually carried-on, with reference to the matters and legal propositions which were finally settled in that case. We confidently believe that the decision in this case…
2Cases cited20 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Angell v. EggerNorth Dakota Supreme Court · 1897
- McNeal v. RiderSupreme Court of Minnesota · 1900
15 more not listed; retrieve them via the Exa API.