Sweigle v. Gates
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Curtiss Sweigle against T. C. Gates and others. Judgment for defendants, and plaintiff appeals. Defendants set up the statute of limitations, and also title in themselves, through tax proceedings. By pleading their tax titles defendants waived .the defense of the statute of limitations and invited a trial upon the merits.
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Appeal from District Court, Richland County; Lauder, J. Action by Curtiss Sweigle against T. C. Gates and others. Judgment for defendants, and plaintiff appeals. Defendants set up the statute of limitations, and also title in themselves, through tax proceedings. By pleading their tax titles defendants waived .the defense of the statute of limitations and invited a trial upon the merits. London, Etc., Co. v. Gibson, 80 N. W. Rep. 205. At the time of the tax sale for the 1887 taxes section 1640, Comp Laws, was in force. This section was repealed by section 72 of the Revenue Law of 1890, and…
1Opinion of the CourtWallin, J.
This action is brought to quiet the title to three city lots located in R. S. Tyler’s addition to the city of Wahpeton. The District Court entered judgment in fovor of the defendants, dismissing the action, with costs, and quieting the title in the defendants. Plaintiff appeals from such judgment to this court, and in the settled statement of the case plaintiff has demanded a retrial in this court of all the issues involved. The complaint alleges, in effect, that the plaintiff is the owner of the lots in question, and that the defendants claim some interest in the lots adversely to the…
2Cases cited8 opinions
- Abbott v. LindenbowerSupreme Court of Missouri · 1868
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Hewes v. ReisCalifornia Supreme Court · 1870
- Desmond v. BabbittMassachusetts Supreme Judicial Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Power v. KitchingNorth Dakota Supreme Court · 1901
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- Nind v. MyersNorth Dakota Supreme Court · 1906
- Eaton v. BennettNorth Dakota Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.