Legal Opinion

Martin v. O'Brien

North Dakota Supreme Court

Decided November 30, 1918PublishedCited by 1 opinion

Appeal from a judgment of the District Court of Ramsey County, Honorable C. W. Cooley, Special Judge. Plaintiff appeals. Where the plaintiff in ejectment has been in possession of the land for nearly thirty years, the fact that the land was embraced in a deed to the defendant is not sufficient to defeat the plaintiff’s title. Jones v. Graham, 80 Ga. 591; LaFrambois v. Jackson, 8 Cow. 589, 18 Am. Dec. 473; Draper v. Shoot, 25 Mo. 197, 69 Am.

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Appeal from a judgment of the District Court of Ramsey County, Honorable C. W. Cooley, Special Judge. Plaintiff appeals. Where the plaintiff in ejectment has been in possession of the land for nearly thirty years, the fact that the land was embraced in a deed to the defendant is not sufficient to defeat the plaintiff’s title. Jones v. Graham, 80 Ga. 591; LaFrambois v. Jackson, 8 Cow. 589, 18 Am. Dec. 473; Draper v. Shoot, 25 Mo. 197, 69 Am. Dec. 462. To constitute an adverse possession there need not be a fence, building, or other improvement made; it is sufficient if visible and notorious…

1Opinion of the CourtRobinson, J.

The plaintiff is the widow and the legal successor of Daniel E. Martin. She brings this action to quiet her title to the southwest quarter of section 1 — Twp. 155 — Range 63. To a person who has lived in this state from early territorial times, and who knows how the titles were then acquired, the case presents not the least shadoiv of doubt. It is true the record title is in the defendant, but that is a matter which she just recently discovered.

In May, 1884, in the United States Land Office in Grand Forks, entry was made of the land and a receiver’s receipt showing payment of $200 was issued…

2Cited by1 opinion

  1. Schoenherr v. HenschelNorth Dakota Supreme Court · 1928

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