Reitsch v. McCarty
North Dakota Supreme Court
Appeal from the District Court of Pierce County, Burr, J. Action to determine adverse claims. Judgment for plaintiffs. Defendant appeals. Statement of facts by Bruce, J. The complaint in this action is in the statutory form of an action to determine adverse claims to three quarter sections of land.
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Appeal from the District Court of Pierce County, Burr, J. Action to determine adverse claims. Judgment for plaintiffs. Defendant appeals. Statement of facts by Bruce, J. The complaint in this action is in the statutory form of an action to determine adverse claims to three quarter sections of land. It alleges that the plaintiffs have liens or encumbrances upon the real estate described; that the defendant claims some estate or interest or lien or encumbrance in or upon the same adverse to the plaintiff, and prays that the defendant be required to set forth his adverse claims, and that their…
1Opinion of the CourtBruce, J.
(after stating the facts as above). This action, though nominally one to subject certain land to the lien of certain mortgages held by the plaintiffs, is really one to set aside and to declare null and void three sheriff’s deeds. It is a case, therefore, where the proof should be clear and convincing. Though the briefs contain some 1,333 pages of printed matter and the record some 761, to say nothing of the exhibits which put in book form would fill a volume, the only real ques: tions at issue are whether the certain sheriff’s certificates under which these deeds were obtained were in fact…
2Cases cited6 opinions
- Flynn v. ButlerMassachusetts Supreme Judicial Court · 1905
- Kvello v. TaylorNorth Dakota Supreme Court · 1895
- Behr v. GersonSupreme Court of Alabama · 1891
- Lemay v. BibeauSupreme Court of Minnesota · 1858
- Graham v. GrahamMichigan Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rozan v. RozanNorth Dakota Supreme Court · 1964
- Engen v. KincannonNorth Dakota Supreme Court · 1956
- Strom v. StromNorth Dakota Supreme Court · 1956
- Rollie v. BethkeNorth Dakota Supreme Court · 1941
- Rozan v. RozanNorth Dakota Supreme Court · 1964