Martin v. Yager
North Dakota Supreme Court
Appeal from the District Court of Pierce County, Burr, J. ■ Action to determine adverse claims to real estate. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action to quiet title and to determine adverse claims, to real estate. Michael Volk filed on a quarter section of government land.
Read the full summary
Appeal from the District Court of Pierce County, Burr, J. ■ Action to determine adverse claims to real estate. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action to quiet title and to determine adverse claims, to real estate. Michael Volk filed on a quarter section of government land. Thereafter he and his wife (the plaintiff, Anna Martin, formerly Anna Volk) gave a mortgage on the land to secure certain notes signed by Michael Volk aloné, and which represented his personal indebtedness alone. The mortgage, however, was signed and acknowledged by both…
1Opinion of the CourtBruce, J.
(after stating the facts as above). There can be no doubt that, under the common law rule and in the absence of a married woman’s act such as we have in North Dakota, the covenants of the wife would be merely deemed a waiver of her homestead interest, and that the wife would not be estopped from asserting her after-acquired title.
This rule, however, is based upon the old common-law theory of the contractual incapacity of a married woman. Griner v. Butler, 61 Ind. 362, 366, 28 Am. Rep. 675; Blain v. Harrison, 11 Ill. 384; Knight v. Thayer, 125 Mass. 25.
It can have no application in a state…
2Cases cited21 opinions
- Blain v. HarrisonIllinois Supreme Court · 1849
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Weber v. LaidlerWashington Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Torgerson v. HaugeNorth Dakota Supreme Court · 1916
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- Stoll v. GottbrehtNorth Dakota Supreme Court · 1920
- La Due v. BirdSouth Dakota Supreme Court · 1927
- Skelly Oil Company v. AM Fruh CompanyNorth Dakota Supreme Court · 1965