Legal Opinion

Northern Rock Island Plow Co. v. Jepson

North Dakota Supreme Court

Decided May 20, 1914PublishedCited by 1 opinion

Appeal from tbe District Court of Adams .County, Crawford, J. The record of a deed, in the absence of a showing of good reasons for not offering in evidence the deed itself, is wholly incompetent. Eev. Codes 1905, § 7297; American Mortg. Co. v. Mouse .Eiver Live Stock Co. 10 N. D. 290, 86 N. W. 965; Sykes v. Beck, 12 N. D. 242, 96 N. W. 844. While the findings of fact by the commissioner of the general land ■office are usually binding, his conclusions of law are not binding.

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Appeal from tbe District Court of Adams .County, Crawford, J. The record of a deed, in the absence of a showing of good reasons for not offering in evidence the deed itself, is wholly incompetent. Eev. Codes 1905, § 7297; American Mortg. Co. v. Mouse .Eiver Live Stock Co. 10 N. D. 290, 86 N. W. 965; Sykes v. Beck, 12 N. D. 242, 96 N. W. 844. While the findings of fact by the commissioner of the general land ■office are usually binding, his conclusions of law are not binding. Parsons v. Venzke, 4 N. D. 452, 50 Am. St. Eep. 669, 61 N. W. 1036. Anyone having an estate or interest in real…

1Opinion of the CourtBurke, J.

In September, 1902, Erank E. Jepson made an application to enter as a government homestead a 160 acre tract involved in this action. Before establishing residence thereon, and in the month of May, 1903, said entryman died, leaving no wife, children, or mother, but being survived by his father and three brothers. Under the laws of this state, Peter Jepson, the father, became his sole heir at law. Andrew Jepson, one of the brothers, had a government homestead near Prank’s land, and made the cultivation and improvements required by the United States land laws to entitle the heirs to make…

2Cases cited3 opinions

  1. Bernier v. BernierSupreme Court of the United States · 1893
  2. Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
  3. Bergstrom v. SvensonNorth Dakota Supreme Court · 1910

3Cited by1 opinion

  1. Northern Rock Island Plow Co. v. JepsonNorth Dakota Supreme Court · 1914

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