Hunter v. Coe
North Dakota Supreme Court
Appeal from District Court, Ramsey county; Cowan, J. Action by James Hunter against John McDevitt and others. Judgment for plaintiff. Defendant McDevitt appeals. McDevitt was a bona fide purchaser for value with neither actual nor constructive notice of Hunter’s rights. Section 3594, Rev. Codes 1899. For definition of good faith see Rev. Codes 1899, section 5114..
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Appeal from District Court, Ramsey county; Cowan, J. Action by James Hunter against John McDevitt and others. Judgment for plaintiff. Defendant McDevitt appeals. McDevitt was a bona fide purchaser for value with neither actual nor constructive notice of Hunter’s rights. Section 3594, Rev. Codes 1899. For definition of good faith see Rev. Codes 1899, section 5114.. Constructive notice is defined in section 5118, Rev. Codes 1899. The English rule, viz.: “If a purchaser had not actual knowledge-that the property was in some way affected, it must appear that, for the purpose of avoiding…
1Opinion of the CourtYoung, C. J.
This is an action to compel the specific perform■ance of the written contract of defendant Coe to sell and convey to the plaintiff a certain eighty-acre tract of 'land situated in Ram•sey county, and to cancel and declare void a deed of conveyance of said land executed and delivered by said Coe to the defendant Me‘Devitt after he had entered into the contract to convey the same to the plaintiff. The plaintiff alleges, in substance, that the land in ■question was formerly owned by Nettie Coe; that upon her death, which occurred on April 28, 1900, the defendant Alfred N. Coe, ‘her husband, was…
2Cases cited24 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Taylor v. LongworthSupreme Court of the United States · 1840
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
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3Cited by12 opinions
- Horgan v. RussellNorth Dakota Supreme Court · 1913
- Pierce Township v. ErnieNorth Dakota Supreme Court · 1945
- Agricultural Credit Corp. v. North DakotaNorth Dakota Supreme Court · 1945
- Arhart v. ThompsonNorth Dakota Supreme Court · 1948
- King v. RaabSupreme Court of Iowa · 1904
7 more not listed; retrieve them via the Exa API.