Legal Opinion

Golden Valley Land & Cattle Co. v. Johnstone

North Dakota Supreme Court

Decided March 18, 1913Published

Appeal from a judgment of the District Court for Billings County, Nuchols, 3". This action was brought in 1907 to quiet title to sec. 13, in township 138, North of range 106 West.

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Appeal from a judgment of the District Court for Billings County, Nuchols, 3". This action was brought in 1907 to quiet title to sec. 13, in township 138, North of range 106 West. The complaint is nearly in the statutory form, but alleges that the defendants were, at the commencement of the action, in bad faith, without right, in possession and occupation of the premises, and claimed, in bad faith and without right, some estate or interest therein, adverse to plaintiff; and it sets out the value of the use and occupation thereof during the time the defendants had been in possession; and, in…

1Opinion

On Petition for Eehearing.

Spalding, Ch. J.

This court would have been more than justified in granting the motion made to strike out the statement of the case, appellants’ abstract, and brief, for failure to conform in any material respect to the rules of this court. The original opinion was written with the idea that it would, however, be more satisfactory to both parties to have a decision on the merits than on a question of practice ; and notwithstanding the fact that the failure to comply with the rules imposed upon this court much arduous labor, and rendered it extremely difficult to…

2Cases cited6 opinions

  1. Provident Loan Trust Co. v. McIntoshSupreme Court of Kansas · 1904
  2. Annis v. BurnhamNorth Dakota Supreme Court · 1906
  3. Duluth Loan & Land Co. v. KlovdahlSupreme Court of Minnesota · 1893
  4. Easton v. LockhartNorth Dakota Supreme Court · 1901
  5. Bennett v. GlaspellNorth Dakota Supreme Court · 1906

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