O'Toole v. Omlie
North Dakota Supreme Court
Appeal from District Court, Pembina County; Sauter, J. Action by Thomas O’Toole and Ann O’Toole against O. M. Omlie and David Lane, to have an instrument in form of a quitclaim deed executed by the appellants to O. M. Omlie and covering certain lands in Pembina county, declared to be a mortgage, also for an accounting as against O. M. Omlie, and to have a deed from the defendant Omlie to defendant David Lane set aside.
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Appeal from District Court, Pembina County; Sauter, J. Action by Thomas O’Toole and Ann O’Toole against O. M. Omlie and David Lane, to have an instrument in form of a quitclaim deed executed by the appellants to O. M. Omlie and covering certain lands in Pembina county, declared to be a mortgage, also for an accounting as against O. M. Omlie, and to have a deed from the defendant Omlie to defendant David Lane set aside. Judgment was given for defendants, and plaintiffs appeal. The quitclaim deed given by appellants February ist, 1897, was in fact a mortgage, because as shown by the evidence,…
1Opinion of the CourtWallin, J.
This action is brought to 'remove an alleged cloud upon the title to certain real estate described in the complaint, and situated in the County of Pembina, and upon which plaintiffs have at all times in question resided. Plaintiffs joined in the execution off two deeds of conveyance of the land to the defendant O. M. Omlie, both of which deeds were delivered and recorded. The first was a deed of warranty, made and delivered on December 5, 1885, and in which the defendant O. M. Omlie, the grantee, assumed and agreed to pay a pre-existing mortgage given by plaintiffs for $800, and which deed,…
2Cases cited2 opinions
- Odell v. . MontrossNew York Court of Appeals · 1877
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
3Cited by10 opinions
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Heuer v. HeuerNorth Dakota Supreme Court · 1934
- Agricultural Credit Corp. v. North DakotaNorth Dakota Supreme Court · 1945
- Dickson v. DowsNorth Dakota Supreme Court · 1903
- Patnode v. DeschenesNorth Dakota Supreme Court · 1906
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