Blessett v. Turcotte
North Dakota Supreme Court
Appeal by plaintiffs from a judgment of the District Court for Towner County, Butiz, Special Judge, in defendants’ favor in an action brought to quiet title to certain land. Possession of real property under any lien, without the consent of the owner, is piratical, and the owner may recover his property, regardless of the lien.
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Appeal by plaintiffs from a judgment of the District Court for Towner County, Butiz, Special Judge, in defendants’ favor in an action brought to quiet title to certain land. Possession of real property under any lien, without the consent of the owner, is piratical, and the owner may recover his property, regardless of the lien. McClory v. Picks, 11 N. D. 38, 88 N. W. 1042; Pinlayson v. Peterson, 11 N. D. 45, 89 N. W. 855; Newton v. McKay, 30 Mich. 380; Bowen v. Brogan, 119 Mich. 218, 75 Am. St. Pep. 387, 77 N. W. 942; Lewis v. Hamilton, 26 Colo.-263, 58 Pae. 196; Galloway v. Kerr, — Tex. Civ.…
1Opinion of the CourtBruce, J.
The questions presented in this controversy do not come before us as matters of first impression, but the law of the case has been largely determined upon a former appeal. Blessett v. Turcotte, 20 N. D. 151, 127 N. W. 505. Upon that appeal this court held the action to be an equitable action to quiet title, as claimed by respondent herein, rather than an action to recover the possession of land and the value of its use, as claimed by the appellant. We must therefore consider that the question of the form and nature of the action is settled, and that adversely to the contention of the…
2Cases cited22 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Spect v. SpectCalifornia Supreme Court · 1891
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
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3Cited by3 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Stoll v. GottbrehtNorth Dakota Supreme Court · 1920
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