Sexton v. Sutherland
North Dakota Supreme Court
Appeal from District Court of Stark County, Qrawford, J. Prom an order overruling a demurrer -to the complaint as to the plaintiff Margaret Sexton, the defendant Sutherland appeals. Issues of fact must be tried at the regular term of the district court, if the trial is by iury; otherwise at a regular or special term. Comp: Laws 1913, § 7609. The manner in which cases are brought on for trial is provided by statute. Comp.
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Appeal from District Court of Stark County, Qrawford, J. Prom an order overruling a demurrer -to the complaint as to the plaintiff Margaret Sexton, the defendant Sutherland appeals. Issues of fact must be tried at the regular term of the district court, if the trial is by iury; otherwise at a regular or special term. Comp: Laws 1913, § 7609. The manner in which cases are brought on for trial is provided by statute. Comp. Laws 1913, § 7610. Our statute provides that any person having an estate in, interest in, or lien or encumbrance upon the land, may maintain an action to determine adverse…
1Opinion of the CourtChristianson, J.
This is an appeal from an order of the district court of Stark county overruling a demurrer to the complaint of the plaintiff Margaret Sexton.
The action is brought to determine adverse claims to a certain lot in the city of Dickinson. The plaintiffs filed the following joint complaint:
“The plaintiffs for their complaint herein allege and show to the court: (1) That the plaintiff Margaret Sexton is the wife of the plaintiff Patrick Sexton, and joins with him in this action for the purpose of quieting title in the lands and premises hereinafter described, which is and for more than six years…
2Cases cited39 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Barney v. Baltimore CitySupreme Court of the United States · 1868
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Adams v. BealeSupreme Court of Iowa · 1865
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3Cited by12 opinions
- Mueller v. Mercer CountyNorth Dakota Supreme Court · 1953
- Birks v. Globe International Protective BureauNorth Dakota Supreme Court · 1928
- Meidinger v. Security State BankNorth Dakota Supreme Court · 1927
- Evangelical Lutheran Church v. Stanolind Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1958
- Hoffman v. Heirs of HoffmanNorth Dakota Supreme Court · 1945
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