Nichols v. Roberts
North Dakota Supreme Court
Appeal from District Court Cass county; W. S. Lauder, J. Action by George E. Nichols and William C. McFadden against Matilda M. Roberts. Judgment for defendant, and plaintiffs appeal. In Lee v. Cravuford, 10 N. D. 482, 88 N. W. Rep. 97, the court overlooked section 1417, Comp. Laws, in computing costs legally chargeable. Chapter 50, Laws of 1887, did not repeal the statutes of fixing fees of officers.
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Appeal from District Court Cass county; W. S. Lauder, J. Action by George E. Nichols and William C. McFadden against Matilda M. Roberts. Judgment for defendant, and plaintiffs appeal. In Lee v. Cravuford, 10 N. D. 482, 88 N. W. Rep. 97, the court overlooked section 1417, Comp. Laws, in computing costs legally chargeable. Chapter 50, Laws of 1887, did not repeal the statutes of fixing fees of officers. It merely changed disposition of them, and turned the, fees into a source of revenue to county instead of to the persons holding office. Sale for an excessive amount renders such sale void. Lee…
1Opinion of the CourtMorgan, J.
This is an action brought to quiet title to a certain lot in the city of Fargo. In the complaint the plaintiffs allege their ownership in fee of the lot. In the answer the defendant alleges, by way of counterclaim, that she is the absolute owner of said lot by virtue of a patent from the United States. In a reply, the plaintiffs allege ownership of said lot by virtue of a tax deed issued by the auditor of Cass county on the 13th day of June, 1902, pursuant to a sale of said lot made in November, 1889, for delinquent taxes of the year 1888. The trial court found that the deed under which the…
2Cases cited2 opinions
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Lee v. CrawfordNorth Dakota Supreme Court · 1901
3Cited by4 opinions
- Fisher v. BettsNorth Dakota Supreme Court · 1903
- State v. JacobsonNorth Dakota Supreme Court · 1968
- Frandsen v. MayerNorth Dakota Supreme Court · 1967
- Frandsen v. MayerNorth Dakota Supreme Court · 1967