Hughes v. Fargo Loan Agency
North Dakota Supreme Court
Action to determine adverse claims in Ransom county, Cole, J. Tbe plaintiff has appealed from a judgment in favor of the defendants and has demanded a trial de novo. Any deficiency in any of the jurisdictional proceedings is not a mere •defect or technicality; it goes to the very foundation of the power of the court to act at all. Roberts v. Enderlin Inv.
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Action to determine adverse claims in Ransom county, Cole, J. Tbe plaintiff has appealed from a judgment in favor of the defendants and has demanded a trial de novo. Any deficiency in any of the jurisdictional proceedings is not a mere •defect or technicality; it goes to the very foundation of the power of the court to act at all. Roberts v. Enderlin Inv. Co. 21 N. D. 594; Johnson v. Englehard (N. D.) 176 N. W. 134; Dallas v. Luster, 27 N. D. 453. And exactly the same principal is held in the following cases: Simensen v. Simensen, 13 N. D. 305; Jablonsld v. Piesik, 30 N. D. 547; Atwood v.…
1Opinion of the CourtBronson, J.
Statement.—This is an action to determine adverse claims to a quarter section of land in' Eansom county. The trial court rendered judgment quieting title in the intervener subject to the liens of defendants’ mortgages. The plaintiff has appealed and has demanded a trial de novo in this court.
For the consideration of the questions involved, it is necessary to set forth somewhat in detail the facts appearing in the record. All parties claim title from Gottlieb Grounitz. In 1891 the land was deeded to him for a stated consideration of $1,520. In 1899 he deeded this land to his daughter, Clara.…
2Cases cited9 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Cardiff v. MarquisNorth Dakota Supreme Court · 1908
- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- Dallas v. LusterNorth Dakota Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McDonald v. MillerNorth Dakota Supreme Court · 1944
- Bodding v. HermanNorth Dakota Supreme Court · 1948
- Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
- Wilke v. Merchants State Bank of RichardtonNorth Dakota Supreme Court · 1931
- Beyer v. Investor's SyndicateNorth Dakota Supreme Court · 1921
6 more not listed; retrieve them via the Exa API.