Legal Opinion

Tracy v. Wheeler

North Dakota Supreme Court

Decided April 25, 1906PublishedCited by 35 opinions

Appeal from District Court, Barnes county; Glaspell, J. Action by John Tracy, administrator, and others, against Henry O. Wheeler and William A. Scott. Judgment for plaintiffs and defendants appeal.

1Opinion of the CourtYoung, J.

The purpose of the plaintiff’s action is to remove a cloud from plaintiff’s title. The complaint alleges: “That the defendants on behalf of the estate of David A. Murray, deceased, claim a lien or incumbrance on said real estate, adverse to these plaintiffs, which said lien or incumbrance is further claimed by said defendants by virtue of a certain mortgage made, executed and delivered by one William N. Buswell and Margaret A. Bus-well, his wife, to the said David A. Murray, covering said real estate, which mortgage bears date November 10, 1882, and was recorded in Book M of Mortgages, on…

2Cases cited17 opinions

  1. Spect v. SpectCalifornia Supreme Court · 1891
  2. Booth v. HoskinsCalifornia Supreme Court · 1888
  3. Boyce v. FiskCalifornia Supreme Court · 1895
  4. Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
  5. Gage v. Riverside Trust Co.U.S. Circuit Court for the District of Southern California · 1898

12 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Beggs v. PaineNorth Dakota Supreme Court · 1906
  2. State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
  3. Stock v. SchlomanSupreme Court of Missouri · 1929
  4. Provident Mutual Building-Loan Ass'n v. SchwertnerArizona Supreme Court · 1914
  5. Pear v. Grand Forks Motel AssociatesNorth Dakota Supreme Court · 1996

30 more not listed; retrieve them via the Exa API.

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