O'Neil v. Tyler
North Dakota Supreme Court
Appeal from District Court, Cass County, McConnell, J. Statutory action by William O’Neil against R. S. Tyler to quiet an adverse title to real estate, which defendant claims by virtue of certain tax deeds. Judgment for plaintiff. Defendant appeals. Judgment setting aside the tax deeds is affirmed, and case reman- , ded for further proceedings consistent with the opinion.
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Appeal from District Court, Cass County, McConnell, J. Statutory action by William O’Neil against R. S. Tyler to quiet an adverse title to real estate, which defendant claims by virtue of certain tax deeds. Judgment for plaintiff. Defendant appeals. Judgment setting aside the tax deeds is affirmed, and case reman- , ded for further proceedings consistent with the opinion. This is in'the nature of a suit in equity and governed by the rules applicable ■ to equitable actions, because it seeks to remove a cloud from the title and-also seeks an injunction. ■ Clark v. Smith, 13 Peters 195; Holland…
1Opinion of the CourtWallin, J.
This is a statutory action to quiet an adverse’title to real estate. The grounds of the action are not alleged in the complaint further than to state that plaintiff is the owner of lots 12 and 13 of block 9, in Keeney & Dewitt’s addition to the City of Fargo, in Cas's County; that defendant wrongfully claims an estate or title to the lots adversely to the plaintiff; that the action is brought to determine such adverse claim. The prayer of the complaint is, in effect, that defendant shall quitclaim his interest in the lots to the plaintiff, or set forth by answer the nature of his adverse…
2Cases cited17 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- More v. SteinbachSupreme Court of the United States · 1888
- People v. Central Pacific RailroadCalifornia Supreme Court · 1890
- Power v. LarabeeNorth Dakota Supreme Court · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Northwestern Bell Telephone Co. v. Board of CommissionersNorth Dakota Supreme Court · 1973
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Eaton v. BennettNorth Dakota Supreme Court · 1901
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
24 more not listed; retrieve them via the Exa API.