Smith v. Hoff
North Dakota Supreme Court
Appeal from the District Court of Ward county; Goss, J. Action to determine adverse claims to land and quiet title thereto. Judgment for defendant. Plaintiff appeals.
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Appeal from the District Court of Ward county; Goss, J. Action to determine adverse claims to land and quiet title thereto. Judgment for defendant. Plaintiff appeals. Evidence was wholly insufficient to sustain the claim that the transaction between plaintiff and defendant was that of a loan of money, with the sheriff’s certificates and the contracts, Exhibit “1,” as security therefor. 27 Oye. 1025, and note; Jasper v. Hazen, 4 N. D. 1, 23 L.B.A. 58, 58 N. W. 454; Forester v. Van Auken, 12 N. D. 175, 96 N. W. 301; Little v. Braun, 11 N. D. 410, 92 N. W. 800; McGuin v. Lee, 10 N. D. 160, 86 N.…
1Opinion of the CourtBruce, J.
This is an action to determine adverse claims to certain tracts of land in the city of Minot and the village of Palermo, and to quiet the title thereto. It appears from the evidence that on June 5, 1903, the defendant, John C. Hoff, was the owner of the real estate in controversy, and on that date mortgaged the said property to the Minot National Bank for the sum of $1,000. On July 15, 1905, the mortgage having been foreclosed, the premises were sold by the sheriff to the bank for the aggregate sum of $1,465.62. Later, and on December 1, 1905, one Swords, as receiver, and for and on behalf of…
2Cases cited26 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Turner v. WilkinsonSupreme Court of Alabama · 1882
- Coburn v. BrooksCalifornia Supreme Court · 1889
- O'Neill v. CapelleSupreme Court of Missouri · 1876
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3Cited by3 opinions
- Mechtle v. ToppNorth Dakota Supreme Court · 1952
- Ditto, Et Ux. v. Bank of GilletteWyoming Supreme Court · 1928
- First State Bank of Grace City v. McGrathNorth Dakota Supreme Court · 1925