Beulah Coal Mining Co. v. Heihn
North Dakota Supreme Court
From a judgment of the District Court of Mercer County, Hanley, J., plaintiff appeals. A reservation is a clause in a deed whereby the grantor reserves some new thing to himself issuing out of the things granted and not in esse before. 4 Kent, Com. 468; Marshall v. Trumball, 28 Conn. 183, 73 'Am.
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From a judgment of the District Court of Mercer County, Hanley, J., plaintiff appeals. A reservation is a clause in a deed whereby the grantor reserves some new thing to himself issuing out of the things granted and not in esse before. 4 Kent, Com. 468; Marshall v. Trumball, 28 Conn. 183, 73 'Am. Dec. 667; Winston v. Johnson, 42 Minn. 401, 45 N. W. 958; Devlin, Deeds, § 979. The language used, whether technically an exception or reservation, sufficiently severed the mineral rights from the title to the surface. Moore v. Griffin (Kan.) 4 L.K.A.(N.S.) 477, 83 Pac. 395; Gould v. Howe, 131 IK…
1Opinion of the Court
Christianson, Ch. J.
This is an action to recover damages for breach of covenants of seisin, right to convey, quiet enjoyment, and warranty. The case was tried to a jury, and resulted in a directed verdict in favor of the defendants, and plaintiff has appealed from the judgment entered upon the verdict.
The question presented on this appeal is whether the trial court erred in directing a verdict in defendants’ favor. A determination of that question requires an examination of the evidence.
The undisputed evidence shows that on August 31, 1910, the Northwestern Improvement Company, the then owner…
2Cases cited5 opinions
- President, Managers & Co. of the Delaware & Hudson Canal Co. v. HughesSupreme Court of Pennsylvania · 1897
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Bowne v. WolcottNorth Dakota Supreme Court · 1891
- Northwestern Improvement Co. v. Oliver CountyNorth Dakota Supreme Court · 1917
- Van Doren v. RelfeSupreme Court of Missouri · 1855
3Cited by22 opinions
- Ohio Oil Co. v. Wyoming AgencyWyoming Supreme Court · 1947
- Burlington Northern, Inc. v. HallNorth Dakota Supreme Court · 1982
- Bilby v. WireNorth Dakota Supreme Court · 1956
- Northern Pacific Railway Co. v. Advance Realty Co.North Dakota Supreme Court · 1956
- Payne v. AM Fruh CompanyNorth Dakota Supreme Court · 1959
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