Legal Opinion

Martin v. Royer

North Dakota Supreme Court

Decided March 18, 1910PublishedCited by 7 opinions

Appeal from District Court, Foster county; Burke, J. Action by J. E. Martin against Jesse E. Royer and another. From a judgment granting inadequate relief, plaintiff appeals. There is a distinction between cropper and tenant. 8 Am. & Eng. Enc. Law, 324, and cases cited; Lewis v. Owans, 124 Ga. 228, 52 S. E. 333; Garrick v. Jones, 2d Ga.

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Appeal from District Court, Foster county; Burke, J. Action by J. E. Martin against Jesse E. Royer and another. From a judgment granting inadequate relief, plaintiff appeals. There is a distinction between cropper and tenant. 8 Am. & Eng. Enc. Law, 324, and cases cited; Lewis v. Owans, 124 Ga. 228, 52 S. E. 333; Garrick v. Jones, 2d Ga. App. 382, 58 S. E. 543; Bourland v. McKnight, 79 Ark. 427, 96 S..W. 179; Goodson v. Watson, 54 S. E. 84; Moore v. Linn, 91 Pac. 910; Loveless v. Gillian, 70 S. C. 391, 50 S. E. 9; Morgan v. Rummerfield, 117 Wis. 620, 98 Am. St. Rep. 951; 12 Cyc. 979, and cases…

1Opinion of the CourtMorgan, C. J.

This is an action to foreclose a real estate mortgage. In April, 1903, the plaintiff was the owner of the land described in the complaint, and entered into a contract in writing with one Southerland, under which the land was to be farmed during the season of 1903. After the execution and delivery of the contract for the farming of said land, the plaintiff conveyed it to the defendant, and, to secure payment of a part of the purchase price, he executed a mortgáge upon the land to the plaintiff, and this action is brought to foreclose the mortgage given to secure the note representing the…

2Cases cited10 opinions

  1. Byxbie v. . WoodNew York Court of Appeals · 1862
  2. Brand v. WilliamsSupreme Court of Minnesota · 1882
  3. Ela v. American Merchants' Union Express Co.Wisconsin Supreme Court · 1872
  4. Wegner v. LubenowNorth Dakota Supreme Court · 1903
  5. Whithed v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1900

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3Cited by7 opinions

  1. State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
  2. Johnson v. Armour & Co.North Dakota Supreme Court · 1940
  3. Kuiper v. MillerNorth Dakota Supreme Court · 1925
  4. Rosenstein v. Williams CountyNorth Dakota Supreme Court · 1944
  5. MHW Ltd. Family Partnership v. FarrokhiSouth Dakota Supreme Court · 2005

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