Knight v. Harrison
North Dakota Supreme Court
Action of partition in District Court, Cass County, Cole, J., wherein it is sought to vacate and set aside, in part, a final decree of distribution of a county court in this state. Erom, a judgment rendered in favor of the children of the deceased, and from an order denying a new trial and leave to file an amended answer, the widow of the deceased, one of the defendants, appeals.
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Action of partition in District Court, Cass County, Cole, J., wherein it is sought to vacate and set aside, in part, a final decree of distribution of a county court in this state. Erom, a judgment rendered in favor of the children of the deceased, and from an order denying a new trial and leave to file an amended answer, the widow of the deceased, one of the defendants, appeals. Where positive evidence exists which proves that the defendant has all along recognized the plaintiff’s right, delay on the part of the plaintiff in bringing the suit will be excused. 18 Am. & Eng. Enc. Law, 111;…
1Opinion of the CourtBronson, J.
This is an action for partition wherein it is sought to vacate in part a final decree of distribution entered in the county court of Cass county. The defendant Louise G. Knight has appealed from a judgment rendered in favor of the plaintiff .and the remaining defendants, awarding partition and setting aside, in part, such final decree, and from the order of the trial court denying a new trial, with leave to file an amended answer.
There is little dispute upon the facts. This appeal involves, practically, questions of law alone. In substance, the facts are as follows:
The appellant was married…
2Cases cited12 opinions
- Toland v. EarlCalifornia Supreme Court · 1900
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Caujolle v. FerrieSupreme Court of the United States · 1871
- Fischer v. DolwigNorth Dakota Supreme Court · 1915
- Joy v. EltonNorth Dakota Supreme Court · 1900
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3Cited by11 opinions
- Schnell v. SchnellNorth Dakota Supreme Court · 1984
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
- Manikowske Ex Rel. Bladow v. ManikowskeNorth Dakota Supreme Court · 1965
- Eastman v. NelsonNorth Dakota Supreme Court · 1982
- Schulz v. SaemanNorth Dakota Supreme Court · 1967
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