Styles v. Theo. P. Scotland & Co.
North Dakota Supreme Court
Appeal from district court of Pierce county; Burr, J. Action to determine adverse claims to land. Judgment for the defendant. Plaintiff appeals. Facts. This appeal comes to us for a trial de novo under the so-called Newman law. The form of the action is that of one to determine adverse claims to real estate, and its particular purpose is to have declared void and set aside a certain mortgage made by one Charlie Goodsman to the defendant, Theo.
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Appeal from district court of Pierce county; Burr, J. Action to determine adverse claims to land. Judgment for the defendant. Plaintiff appeals. Facts. This appeal comes to us for a trial de novo under the so-called Newman law. The form of the action is that of one to determine adverse claims to real estate, and its particular purpose is to have declared void and set aside a certain mortgage made by one Charlie Goodsman to the defendant, Theo. P. Scotland & 'Co., dated November 24, 1903, and recorded October 22, 1904, for the reasons: “That the said land was, at the date of said instrument,…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The findings of the trial court as to the question of the homestead and the homestead rights, if any, of the witness Goodsman, are abundantly sustained by the evidence. It is quite clear to us that the defense of homestead is, in this case, barred by the statute of limitations. Rev. Codes 1905, §§ 5053, 5054. See Justice v. Souder, 19 N. D. 613, 125 N. W. 1029. Even if not barred by the statute, the proof falls far short ■of showing any homestead right or interest. The prerequisites to an estate of homestead are in intention to devote, and an actual…
2Cases cited8 opinions
- Woodward v. McCollumNorth Dakota Supreme Court · 1907
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
- Dubuque Female College v. District TownshipSupreme Court of Iowa · 1862
- Kuhnert v. ConradNorth Dakota Supreme Court · 1896
- Brokken v. BaumannNorth Dakota Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- J.R. Watkins Company v. KeeneyNorth Dakota Supreme Court · 1924
- McCarty v. GoodsmanNorth Dakota Supreme Court · 1918
- H. R. & C. Co. v. SmithNew York Court of Appeals · 1926
- Blatchley v. Dakota Land & Cattle Co.North Dakota Supreme Court · 1914
- McCarty v. GoodsmanNorth Dakota Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.