Legal Opinion

Blessett v. Turcotte

North Dakota Supreme Court

Decided July 20, 1910PublishedCited by 5 opinions

Appeal from District Court, Towner county; John F. Cowan, J. Action by Robert Blessett and R. Percy Abbey against E. L. Tur-' cotte. Judgment for plaintiffs, and defendants appeal. Defendant has title by statute of limitations. Nash v. Northwest Land Co. 15 N. D. 566, 108 N. W. 792; Rogers v. Benton, 39 Minn. 39, 12 Am. St. Rep. 613, 38 N. W. 765; Russell v. H. C. Akeley Lumber Co. 45 Minn. 376, 48 N. W. 3. Tax paid by mortgagee cannot afford ground for adverse possession.

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Appeal from District Court, Towner county; John F. Cowan, J. Action by Robert Blessett and R. Percy Abbey against E. L. Tur-' cotte. Judgment for plaintiffs, and defendants appeal. Defendant has title by statute of limitations. Nash v. Northwest Land Co. 15 N. D. 566, 108 N. W. 792; Rogers v. Benton, 39 Minn. 39, 12 Am. St. Rep. 613, 38 N. W. 765; Russell v. H. C. Akeley Lumber Co. 45 Minn. 376, 48 N. W. 3. Tax paid by mortgagee cannot afford ground for adverse possession. Einlayson v. Peterson, 11 N. D. 53, 89 N. W. 855. Tax deed when its recitals show a void sale is void on its face. Youker…

1Opinion of the CourtCarmody, J.

This action was commenced on the 17th day of February, 1907. The amended complaint alleges, in substance, as follows: That the plaintiffs have an estate and interest in certain land in Towner county, North Dakota, to wit, the N. E. ^ of section 20, township 162, of range 68. That in 1891 the land was patented t.o plaintiff Blessett, and that by deed he conveyed some title or interest *153therein to plaintiff Abbey. That plaintiffs are entitled to the immediate possession of said land. That the defendants claim certain estates or interest in said land adverse to plaintiffs. That in the spring of…

2Cases cited2 opinions

  1. Blakemore v. CooperNorth Dakota Supreme Court · 1905
  2. Scribner v. GayMichigan Supreme Court · 1858

3Cited by5 opinions

  1. Strom v. GiskeNorth Dakota Supreme Court · 1954
  2. Styles v. DickeyNorth Dakota Supreme Court · 1912
  3. Trustee Loan Co. v. BotzNorth Dakota Supreme Court · 1917
  4. Blessett v. TurcotteNorth Dakota Supreme Court · 1912
  5. Strom v. GiskeNorth Dakota Supreme Court · 1954

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