Patterson Land Co. v. Lynn
North Dakota Supreme Court
Appeal from district Court of Emmons County, Winchester, J. A state's attorney of a county, having been its legal adviser, and especially in the matter of the county acquiring title to lands, and later in quieting the title, is estopped to acquire or assert an interest in such lands adverse to the county or to its grantees, and any interest he may have acquired is for their benefit. 4 Cyc. 958; 3 Am. & Eng. Enc.
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Appeal from district Court of Emmons County, Winchester, J. A state's attorney of a county, having been its legal adviser, and especially in the matter of the county acquiring title to lands, and later in quieting the title, is estopped to acquire or assert an interest in such lands adverse to the county or to its grantees, and any interest he may have acquired is for their benefit. 4 Cyc. 958; 3 Am. & Eng. Enc. Law, 344, 2d ed.; Weeks, Attorneys at Law, 2d ed. § 121; Yerkes v. Crum, 2 N. D. 72, -49 N. W. 422. In some cases this rule has been relaxed, so that where an attorney so acts, the…
1Opinion of the CourtBurke, J.
This action with the six other cases closely allied, involves the title to some 3,200 acres of land situated in Emmons county, North Dakota. The facts in the case are largely in dispute, and the' abstract covers something like 1,500 pages of printed matter; appellant’s brief contains nearly 400 pages, while respondent’s brief is but a few pages shorter. The case comes to us for trial de novo_, which means that this court must pass upon all the disputed questions of fact, and then declare the law governing. In order to keep the opinion within reasonable bounds, many of the findings of this…
2Cases cited30 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Railroad Co. v. DurantSupreme Court of the United States · 1877
- Steere v. SteereNew York Court of Chancery · 1820
- Duval v. . WellmanNew York Court of Appeals · 1891
- Phalen v. ClarkSupreme Court of Connecticut · 1849
25 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McGee v. STOKES'HEIRS AT LAWNorth Dakota Supreme Court · 1956
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1919
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1917
- Leach v. NelsonNorth Dakota Supreme Court · 1922
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1924
10 more not listed; retrieve them via the Exa API.