Miller v. Shelburn
North Dakota Supreme Court
Appeal from District Court, Dickey county; Kneeshazv, J. Action by Ezra Miller against W. B. Shelburn and Josephine Shelburn. Judgment for defendant and plaintiff appeals. A contract to convey lands affords an equitable title only upon the purchaser performing all the conditions that entitle him to a deed.
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Appeal from District Court, Dickey county; Kneeshazv, J. Action by Ezra Miller against W. B. Shelburn and Josephine Shelburn. Judgment for defendant and plaintiff appeals. A contract to convey lands affords an equitable title only upon the purchaser performing all the conditions that entitle him to a deed. Warvelle on Vendors (2d Ed.) 176 ; Bispham’s Equity, 365 ; Phinizy v. Gurnsey et al., 50 L. R. A. 680; Chappell v. McKnight, 108 Ill. 570. Where the contract to convey is void — embracing homestead and lacking wife’s signature and acknowledgment- — -vendor’s only recovery is to claim his…
1Opinion of the CourtMorgan, C. J.
Action for the recovery of $1,400, as money had and received under a written contract for the sale of real estate duly rescinded by the vendee. The complaint alleges the making of the contract between the defendants, husband and wife, as vendors and owners of the land, and the plaintiff as vendee; that said land consisted of 320 acres, and that the defendants were then in the possession of the same and that “they were living thereon and occupying one-half thereof as their homestead;” that defendants agreed to convey the land by warranty deed, clear of all incumbrances, on November 1, 1903,…
2Cases cited9 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Chappell v. McKnightIllinois Supreme Court · 1884
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Primm v. WiseSupreme Court of Iowa · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
- Gust v. WilsonNorth Dakota Supreme Court · 1953
- Cummings v. DuncanNorth Dakota Supreme Court · 1912
- Skinner v. ScholesNorth Dakota Supreme Court · 1930
- Simonson v. WenzelNorth Dakota Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.