Roberge v. Roberge
North Dakota Supreme Court
Action, in District Court, Rolette County, Butte, J., to declare a deed a deed in trust and to determine adverse claims. Erom a judgment in favor of tbe plaintiff, two of the defendants have appealed and demand a trial de novo. In order to overthrow the presumption in favor of defendant’s title in a case such as this, the plaintiff must have more than a preponderance of the evidence.
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Action, in District Court, Rolette County, Butte, J., to declare a deed a deed in trust and to determine adverse claims. Erom a judgment in favor of tbe plaintiff, two of the defendants have appealed and demand a trial de novo. In order to overthrow the presumption in favor of defendant’s title in a case such as this, the plaintiff must have more than a preponderance of the evidence. Carter v. Carter, 14 N. D. 66, 103 N. W. 425; Jasper v. Hazen, 4 N. D. 1, 23 L.R.A. 58, 58 N. W. 454; Riley v. Riley, 9 N. D. 580, 84 N. W. 347; McGuin v. Lee, 10 N. D. 160, 86 N. W. 714; Sargent v. Cooley, 12 N.…
1Opinion of the CourtBronson, J.
Statement.—This is an action to declare an absolute deed a deed in trust, and to determine adverse claims in 320 acres of land. The substantial facts, so far as the same are deemed necessary to he stated, are as follows: The plaintiff, now about seventy years old, was married to his wife, Yirginie, in 1877. She died in December, 1909, leaving as the result of such marriage six children, the defendants herein, only three of whom have contested this action, and only two of whom have appealed from the decision rendered by the trial court. In October, 1901, the land involved was purchased from…
2Cases cited6 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- Carter v. CarterNorth Dakota Supreme Court · 1905
- Kernkamp v. SchulzNorth Dakota Supreme Court · 1919
- Currie v. LookNorth Dakota Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fox v. FoxNorth Dakota Supreme Court · 1928
- Redman v. BiewerNorth Dakota Supreme Court · 1951
- Hyland v. TousleyNorth Dakota Supreme Court · 1937
- Fox v. FoxNorth Dakota Supreme Court · 1928