Propper v. Wohlwend
North Dakota Supreme Court
Appeal from District 'Court, Richland County; Allen, J. Action by M. P. Propper against Louis Wohlwend. Verdict for defendant, and, from an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appeals. Where a grant is taken with reference to a plat, it is not competent to show that the boundaries are different from what is shown by the plat.
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Appeal from District 'Court, Richland County; Allen, J. Action by M. P. Propper against Louis Wohlwend. Verdict for defendant, and, from an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appeals. Where a grant is taken with reference to a plat, it is not competent to show that the boundaries are different from what is shown by the plat. Beaty v. Robertson, 30 N. E. 706; Golterman v. Schiermeyer, 19 S. W. 484; Chapman v. Polack, 11 Pac. 764; Davis v. Rainsford, 17 Mass. 207; Cornet v. Dixon, 11 S. W. 660. Even in case of fraud it can be attacked…
1Opinion of the CourtFisk, J.
This is an appeal from an order of the district court •of Richland county denying plaintiffs motion made in the alternative, for judgment notwithstanding the verdict or for a new trial The action was brought to recover the possession of and to quiet title to a small strip of land claimed to be a portion of the southeast quarter of section 31, township 130 north of range 52 west, also to recover damages for its use and occupation. The real controversy between these parties arises over a dispute as to the correct location of the boundary line between the southeast and the southwest quarters of…
2Cases cited19 opinions
- Cragin v. PowellSupreme Court of the United States · 1888
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Chapman v. PolackCalifornia Supreme Court · 1886
- Washington Rock Co. v. YoungUtah Supreme Court · 1905
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3Cited by3 opinions
- Benson v. Feland Brothers PropertiesNorth Dakota Supreme Court · 2018
- Emmil v. SmithNorth Dakota Supreme Court · 1932
- Stearns v. McHughSouth Dakota Supreme Court · 1915