Thornhill v. Olson
North Dakota Supreme Court
One Havlicheck and wife entered into a written contract' of sale of 400 acres of land, near Minot, to plaintiffs. Eighty acres of Illinois land was to be accepted in part payment. The contract provided for inspection of the Illinois-land. It was reported to be satisfactory. H. and wife then executed to Thorn-hill their warranty deed to the 400 acres and a bill of sale of the personal property thereon, pursuant to the contract.
Read the full summary
One Havlicheck and wife entered into a written contract' of sale of 400 acres of land, near Minot, to plaintiffs. Eighty acres of Illinois land was to be accepted in part payment. The contract provided for inspection of the Illinois-land. It was reported to be satisfactory. H. and wife then executed to Thorn-hill their warranty deed to the 400 acres and a bill of sale of the personal property thereon, pursuant to the contract. Plaintiffs executed their deed to' the Illinois land. All deeds, bill of sale, and the preliminary contract of sale, accompanied by a written escrow agreement, were…
1DissentChristianson, J.
I cannot agree to the legal principles announced by my associates in this case. This action was brought to determine adverse claims under the provisions of chapter 31 (§§' 8144-8165) of the Code of Civil Procedure of the Compiled Laws of 1913. The complaint is drawn in strict conformity with the form provided by § 8147, Compiled Laws, and the prayer for judgment demanded involves all six of the grounds provided for in the prayer for judgment in this section. The complaint alleged that the plaintiff was the owner of the premises, and in the fifth subdivision of the prayer for judgment asked…
2Cases cited17 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Keene v. BehanWashington Supreme Court · 1905
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.