Gjerstadengen v. G. W. Van Duzen & Co.
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by Martin Peterson Gjerstadengen and another against G. W. Van Duzen & Co. Plaintiffs had judgment, and defendants appeal. The judgment of the probate court is not open to collateral attack. Freeman on Void Jud.
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Appeal from District Court, Ransom County; Lauder, J. Action by Martin Peterson Gjerstadengen and another against G. W. Van Duzen & Co. Plaintiffs had judgment, and defendants appeal. The judgment of the probate court is not open to collateral attack. Freeman on Void Jud. Sales, § 14; Wells on Jurisdiction, § 274; Griffith v. Bogart, 18 How. 164; Grignon v. Astor, 2 How. 340; McCarthy v. Van Der-Mey, 42 Minn. 192; Showers v. Robinson, 43 Mich. 510; Bostwick v. Skinner, 80 111. 151; Woods v. Monroe, 17 Mich. 238; Griffiii v. Johnson, 37 Mich. 92; Davis v. Hudson, 29 Minn. 34; Lovett v.…
1Opinion of the CourtCorliss, C. J.
The object of this suit is to annul certain proceedings in the pi'obate court in and for Ransom County, which were instituted for the purpose of selling cei'tain land, as the propex'ty of Olia Mikkleson, deceased, for the payment of hex-debts, and also to set aside the administrator’s deed executed and delivered under the order of the court in such proceedings. The plaintiffs secured a favorable decision below. That decision meets our full approval. The proceedings were absolutely void, for want of jurisdiction. The land sold did not belong to the estate of Olia Mikkleson, deceased. She filed…
2Cases cited3 opinions
- Bernier v. BernierSupreme Court of the United States · 1893
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Bernier v. BernierMichigan Supreme Court · 1888
3Cited by35 opinions
- Gray v. McKnightSupreme Court of Oklahoma · 1919
- Homer v. LesterSupreme Court of Oklahoma · 1923
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1900
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Towner v. RodegebWashington Supreme Court · 1903
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