Woodward v. McCollum
North Dakota Supreme Court
Appeal from District Court, Morton County; ' Winchester, J. Action by Charles A. Woodward against Emmett S. McCollum. Judgment for plaintiff. Defendant appeals. ■ Vendor must be ready and able to give a marketable title. Sec. 5032 Rev. Codes 1899; Swayne v. Lyon, 67 Pa. St. 436; Vought v. Williams, 120 N. Y. 253, 24 N. E. 195. Identity of person appearing under different names must be shown by extraneous proof.
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Appeal from District Court, Morton County; ' Winchester, J. Action by Charles A. Woodward against Emmett S. McCollum. Judgment for plaintiff. Defendant appeals. ■ Vendor must be ready and able to give a marketable title. Sec. 5032 Rev. Codes 1899; Swayne v. Lyon, 67 Pa. St. 436; Vought v. Williams, 120 N. Y. 253, 24 N. E. 195. Identity of person appearing under different names must be shown by extraneous proof. Vickery v. Burton, 69 N. W. 193, 6 N. D. 245. Transfer of mortgage by quitclaim is ineffective unless the mortgage debt is transferred also. 15 Am. & Eng. Enc. Law 849; Peters v.…
1Opinion of the CourtFisk, J.
This appeal is from a judgment rendered by the district court of Morton county awarding specific performance of a certain contract for the sale of real property. The judgment was in favor of the plaintiff, Charles A. Woodward, and the defendant, Emmett S. McCollum, appealed and asks a trial de novo of the entire case in this court.
The complaint alleges ownership of the property in question in plaintiff prior to and at the date of the contract for deed, September 9, 1902, which property consisted of 640 acres, being section 33, township 140, range 84, in Morton county, upon which were situated…
2Cases cited19 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Lombard v. Chicago Sinai CongregationIllinois Supreme Court · 1872
- Cooke v. CooperOregon Supreme Court · 1889
- Middleton v. FindlaCalifornia Supreme Court · 1864
- Swayne v. LyonSupreme Court of Pennsylvania · 1871
14 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Stevahn v. MeidingerNorth Dakota Supreme Court · 1952
- Zent v. ZentNorth Dakota Supreme Court · 1979
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Farmers State Bank v. SlaubaughNorth Dakota Supreme Court · 1985
- Bishop Ryan High School v. LindbergNorth Dakota Supreme Court · 1985
34 more not listed; retrieve them via the Exa API.