Jasper v. Hazen
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by John W. Jasper against Arthur H. Hazen. Plaintiff had judgment, and defendant appeals. Equity ought to be extremely cautious in its consideration of parole testimony to show a deed in form a mortgage. Andrews v. Ins. Co., 3 Mason (U. S.) 6. The evidence must be clear, convincing and equal in force to that upon which a deed will be reformed for mistake.
Read the full summary
Appeal from District Court, Cass County; McConnell, J. Action by John W. Jasper against Arthur H. Hazen. Plaintiff had judgment, and defendant appeals. Equity ought to be extremely cautious in its consideration of parole testimony to show a deed in form a mortgage. Andrews v. Ins. Co., 3 Mason (U. S.) 6. The evidence must be clear, convincing and equal in force to that upon which a deed will be reformed for mistake. Kent v. Lasley, 24 Wis. 654. A mere preponderance of proof is not sufficient. Sloan v. Becker, 34 Minn. 491; McClellan v. Sanford, 26 Wis. 595, 607. The burden rests upon the…
1Opinion of the CourtBartholomew, C. J.
This case is before us for the third time. Upon the first appeal a verdict of a jury in respondent’s favor was set aside upon the ground that the case should have been tried in equity, and not at law. The case is reported in 1 N. D. 75; 44 N. W. 1018, where a full statement of the issues is given, which need not be here repeated. The case was again reversed, on a question of pleading, in 2 N. D. 401; 51 N. W. 583. It comes before us again upon the merits, judgment for respondent having been entered below upon findings of fact and conclusions of law. These findings are somewhat extended, and…
2Cases cited41 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Bogk v. GassertSupreme Court of the United States · 1893
- Howland v. BlakeSupreme Court of the United States · 1878
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Mahoney v. BostwickCalifornia Supreme Court · 1892
36 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- In re the Disbarment of BurnetteSupreme Court of Kansas · 1906
72 more not listed; retrieve them via the Exa API.