Coyle v. Due
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Action to quiet title and determine adverse claims. Judgment for Plaintiff. Defendant appeals.
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Appeal from the District Court of Ward County, Leighton, J. Action to quiet title and determine adverse claims. Judgment for Plaintiff. Defendant appeals. Statement by Bruce, J. As we view the evidence in this case, and as the trial court undoubtedly found (the findings are not specific and do not go into details), John J. Coyle, the plaintiff and respondent, on or about October 1, 1908, desired to purchase a quarter section of land in Williams county, known as the Rooney land, but lacked the money requisite for the purpose. He therefore went to the defendant and appellant, who was the…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The first question to be determined is whether a judgment of dismissal “with prejudice *406to the starting of another action on the cause of action set forth in the complaint,” which is rendered in an action of partition, and which action is based upon the theory that the defendant will stand by and recognize an oral agreement to settle a dispute by granting a joint interest in a tract of land, is a bar to a subsequent action after a repudiation of such oral agreement on the trial of the first action, and which subsequent action is based upon the original…
2Cases cited23 opinions
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Senter v. De BernalCalifornia Supreme Court · 1869
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Bigley v. WatsonTennessee Supreme Court · 1897
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Treiber v. Citizens State BankNorth Dakota Supreme Court · 1999
- Knutson v. EkrenNorth Dakota Supreme Court · 1942
- Karlinski v. P. R. & H. Lumber & Construction Co.North Dakota Supreme Court · 1938