Zimmerman v. McCurdy
North Dakota Supreme Court
Appeal from District Court, McHenry county; Falda, Jr., J. Action by Mary Zimmerman against Caroline McCurdy. Judgment for defendant, and plaintiff appeals. If the court has no jurisdiction to try the title to land, it can by injunction preserve the statu quo. Cosmos Exploration Co. v. Gray Eagle Oil. Co., 112 Fed. 4, 61 L. R. A. 230. A defendant is not entitled to an injunction.
Read the full summary
Appeal from District Court, McHenry county; Falda, Jr., J. Action by Mary Zimmerman against Caroline McCurdy. Judgment for defendant, and plaintiff appeals. If the court has no jurisdiction to try the title to land, it can by injunction preserve the statu quo. Cosmos Exploration Co. v. Gray Eagle Oil. Co., 112 Fed. 4, 61 L. R. A. 230. A defendant is not entitled to an injunction. Forman v. Healy et al., 11 N. D. 563, 93 N. W. 866. Injunction will not be granted to take property from the possession of one and give it to another. Dickson v. Dows, 11 N. D. 404, 92 N. W. 797. Until title to land…
1Opinion of the CourtEngerud, J.
There is no dispute as to the material facts of this case. The plaintiff, Mary Zimmerman, is the widow of Frank Zimmerman, deceased. Frank Zimmerman in his lifetime, on April 22, 1898, filed a homestead entry on the quarter section of land in question at the Devils Lake land office. He took up his residence upon the land and occupied it, with his family, as his home until his death in June, 1900. After his death his widow and minor children continued in possession of the homestead. Shortly before Mr. Zimmerman’s death a contest was initiated by this defendant, Caroline MóCurdy, against…
2Cases cited6 opinions
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Grandin v. La BarNorth Dakota Supreme Court · 1893
- Matthews v. O'BrienSupreme Court of Minnesota · 1901
- Wood v. MurraySupreme Court of Iowa · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Perry v. ErlingNorth Dakota Supreme Court · 1965
- Gunsch v. GunschNorth Dakota Supreme Court · 1954
- Steele v. AllisonMissouri Court of Appeals · 1934
- Park District of City of Bismarck v. BertschNorth Dakota Supreme Court · 1967
- Cardinal Petroleum Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1971
5 more not listed; retrieve them via the Exa API.