Burke v. Scharf
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Cowan, J. Action by Charles H. Burke against Adam Scharf to determine adverse claims to real property, and to quiet title. Judgment for plaintiff, and defendant appeals.
1DissentFisk, J.
I am firm in the conviction that the majority opinion is unsound for several reasons and wholly without support in, and contrary to, the authorities. I shall endeavor, as briefly as possible, to prove the correctness of my assertion.
Conceding the correctness of all that is said in the opinion with reference to the case of Galbraith v. Payne, and the rule there announced it is entirely clear to my mind that the majority opinion wholly misapplies such rule. I assert, without fear of successful contradiction, that no court ever before invoked such rule in behalf of a plaintiff to enable him to…
2Cases cited27 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- McKie v. AndersonTexas Supreme Court · 1890
- Robins v. . McClureNew York Court of Appeals · 1885
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
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