Cruser v. Williams
North Dakota Supreme Court
Appeal from District Court, Emmons county; Winchester, J. Action .by W. C. Cruser and W. J. Baker against Erastus A. Williams. Judgment for plaintiffs, and defendant appeals. The holder of a certificate of sale under the Woods law has not the fee simple title until it is perfected by serving notice of expiration of period of redemption, and filing proof of such service with the clerk. No affidavit of service was filed and there was no record of such filing.
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Appeal from District Court, Emmons county; Winchester, J. Action .by W. C. Cruser and W. J. Baker against Erastus A. Williams. Judgment for plaintiffs, and defendant appeals. The holder of a certificate of sale under the Woods law has not the fee simple title until it is perfected by serving notice of expiration of period of redemption, and filing proof of such service with the clerk. No affidavit of service was filed and there was no record of such filing. The clerk, as a court, was exercising special statutory powers in contravention of the common law in a summary way, and nothing will be…
1Opinion of the CourtYoung, C. J.
The plaintiffs bring this action to determine adverse claims to 160 acres of land situated in Emmons county. Their claim of title rests upon a sheriff’s certificate issued upon a sale under a tax judgment which was entered pursuant to the provisions of chapter 67, p. 76, Laws 1897. The title of the defendant comes directly from the United States government, and it is conceded that he is the owner of the land, unless his title was divested by the tax judgment and sale. The trial court found for the plaintiffs upon all of the issues, and entered judgment sustaining their alleged title and right…
2Cases cited9 opinions
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
- Frisk v. ReigelmanWisconsin Supreme Court · 1890
- Emmons County v. ThompsonNorth Dakota Supreme Court · 1900
- Kipp v. FullertonSupreme Court of Minnesota · 1860
- Darling v. PurcellNorth Dakota Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nind v. MyersNorth Dakota Supreme Court · 1906
- Baird v. StubbinsNorth Dakota Supreme Court · 1929
- Brink v. CurlessNorth Dakota Supreme Court · 1973
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Strom v. GiskeNorth Dakota Supreme Court · 1954
11 more not listed; retrieve them via the Exa API.