Buxton v. Sargent
North Dakota Supreme Court
Appeal from District Court, Barnes County; Glaspell, J. Action by Thomas J. Buxton against Homer E. Sargent to quiet title to certain lands. Plaintiff had judgment, and defendant appeals. A vendor’s lien by statute is subject to the rights of those purchasers only who have bought in good faith and for value. Sections 4830, 4832, Rev. Codes. The action to determine adverse claims to land is equitable in its nature. 3 Pom. Eq. Jr. 1396; Book v. Mining Co., 58 Fed.
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Appeal from District Court, Barnes County; Glaspell, J. Action by Thomas J. Buxton against Homer E. Sargent to quiet title to certain lands. Plaintiff had judgment, and defendant appeals. A vendor’s lien by statute is subject to the rights of those purchasers only who have bought in good faith and for value. Sections 4830, 4832, Rev. Codes. The action to determine adverse claims to land is equitable in its nature. 3 Pom. Eq. Jr. 1396; Book v. Mining Co., 58 Fed. Rep. 827. The burden was on plaintiff to show that he or some one of his predecessors in title purchased the property in good faith…
1Opinion of the CourtCorliss, C. J.
The ownership of certain real estate is involved in this cause. The action was brought to quiet the plaintiff’s title to the property. Defendant denied that plaintiff was the owner of the fee, and set up that he ivas himself the owner thereof. The prayer of his answer was that his own title might be quieted as against plaintiff’s claim. To this counterclaim plaintiff interposed a reply, alleging anew the fact that he was the fee owner, and denying that defendant had any interest in the land. Plaintiff was successful below. Defendant brings the case here for trial anew.
It is undisputed that…
2Cases cited2 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Bidwell v. WebbSupreme Court of Minnesota · 1865
3Cited by12 opinions
- Northwest Thresher Co. v. McNinchSupreme Court of Oklahoma · 1914
- McHenry v. Kidder CountyNorth Dakota Supreme Court · 1899
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- Harris v. EricksonNorth Dakota Supreme Court · 1949
- Smith v. Mutual Cash Guaranty Fire Ins.South Dakota Supreme Court · 1907
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