Johnson v. Bartron
North Dakota Supreme Court
Appeal from tbe District Court of McLean county; Winchester, J. Action to quiet title to an undivided half interest in a well, as an interest in real property, and for further equitable relief. Judgment for defendant. Plaintiff appeals.
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Appeal from tbe District Court of McLean county; Winchester, J. Action to quiet title to an undivided half interest in a well, as an interest in real property, and for further equitable relief. Judgment for defendant. Plaintiff appeals. This action was brought to have adjudged to the plaintiff an undivided one-half interest in a certain well, pump, and windmill, and to have the defendant enjoined from interfering with the plaintiff’s use and enjoyment thereof, and to compel such defendant to remove a certain fence constructed for the purpose of preventing such use. The evidence showed that in…
1Opinion of the CourtBruce, J.
(after stating the facts as above.) It seems to be perfectly clear from the evidence that there was no conveyance of land from the defendant to the plaintiff’s grantor, Hull, any intention that there should be. It is equally clear, however, that it was the intention of the three parties to the original agreement that each should enjoy the use of the well in common, and that each contributed towards the cost of the *633construction thereof. The intention of such parties was that the well should be upon the boundary line, and the whole controversy has arisen from a mistake as to where such line was…
2Cases cited2 opinions
- Hemenway v. WoodSupreme Court of Iowa · 1881
- Bergsma v. DeweySupreme Court of Minnesota · 1891
3Cited by4 opinions
- Hager v. City of Devils LakeNorth Dakota Supreme Court · 2009
- Hector v. Metro Centers, Inc.North Dakota Supreme Court · 1993
- Hector v. Metro Centers, Inc.North Dakota Supreme Court · 1993
- Ruble v. Grafton National BankNorth Dakota Supreme Court · 1933