Knight v. Harrison
North Dakota Supreme Court
Action of partition in District Court, Cass County, Cole, J., wherein it is sought to vacate and set aside, in part, a final decree of distribution of a county court in this state. Erom, a judgment rendered in favor of the children of the deceased, and from an order denying a new trial and leave to file an amended answer, the widow of the deceased, one of the defendants, appeals.
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Action of partition in District Court, Cass County, Cole, J., wherein it is sought to vacate and set aside, in part, a final decree of distribution of a county court in this state. Erom, a judgment rendered in favor of the children of the deceased, and from an order denying a new trial and leave to file an amended answer, the widow of the deceased, one of the defendants, appeals. Where positive evidence exists which proves that the defendant has all along recognized the plaintiff’s right, delay on the part of the plaintiff in bringing the suit will be excused. 18 Am. & Eng. Enc. Law, 111;…
1DissentBiedzell, J.
I dissent. This is a civil action originally started for the purpose of securing a partition, but upon the subsequent discovery of some facts indicating that one of the defendants, Louise G. Knight, had not procured a final decree of .divorce from her former husband, Bonfoey, an amended complaint was filed, asking, first, that the decree of the county court finding her entitled to a distributive share of the estate of Suel H. Knight be vacated and set aside on account of the mistake; and, second, that the property be partitioned among the heirs according to their respective interests as…
2Cases cited11 opinions
- Pico v. CohnCalifornia Supreme Court · 1891
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Bergin v. HaightCalifornia Supreme Court · 1893
- Fischer v. DolwigNorth Dakota Supreme Court · 1915
- Rowe v. SilbaughWashington Supreme Court · 1917
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