Shockman v. Ruthruff
North Dakota Supreme Court
From a judgment of the District Court of LaMoure County, Coffey, J., plaintiffs appeal. The sufficiency of the evidence to establish the existence of the deeds in question, and also the fact that they are lost, cannot be gainsaid.
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From a judgment of the District Court of LaMoure County, Coffey, J., plaintiffs appeal. The sufficiency of the evidence to establish the existence of the deeds in question, and also the fact that they are lost, cannot be gainsaid. Gibson v. Brown, 214 111. 330, 73 N. E. 578; Kenniff v. Caulfield, 140 Cal. 34, 73 Pac. 803; 25 Cyc. 1625, 1627. If the court finds that the evidence as to the execution and delivery of the deed is not clear and satisfactory, then it certainly ought to remand and order the case reopened for further proof. 15 Am. & Eng. Enc. Law, 242; 23 Cyc. 889, 930; Duffy v.…
1Opinion of the CourtGoss, J.
This suit is in equity to determine adverse claims. Preliminary to the merits, determination must be made of a motion by respondent to strike from the appeal record certain proceedings had upon a motion to reopen the case and vacate said judgment, the order of denial of which is not appealed from. The record facts on the motion to strike are that findings of fact, conclusion of law, and order for judgment made after a trial on the merits were filed, and a final decree thereon quieting title was entered December 7, 1911. One day before the entry of judgment, plaintiffs had served notice of a…
2Cases cited11 opinions
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- Paulsen v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1911
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
- Perry v. BurtonIllinois Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Olson v. Ottertail Power Co.North Dakota Supreme Court · 1934
- Ostmo v. TennysonNorth Dakota Supreme Court · 1941
- Roysdon v. TerryCourt of Appeals of Tennessee · 1927
- Chaffee Bros. v. Powers Elevator Co.North Dakota Supreme Court · 1918
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