Keeney v. City of Fargo
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action bjr Lottie E. Keeney and Patrick Devitt against the city of Fargo. Judgment for plaintiffs, and defendant appeals. Entry upon lands by the consent or acquiescense of the land owner will operate as a waiver of the right to prepayment, and the land owner cannot obtain a judgment of ejectment until the damages have been assessed and a default made upon the judgment therefor. 6 Am. & Eng. Enc.
Read the full summary
Appeal from District Court, Cass county; Pollock, J. Action bjr Lottie E. Keeney and Patrick Devitt against the city of Fargo. Judgment for plaintiffs, and defendant appeals. Entry upon lands by the consent or acquiescense of the land owner will operate as a waiver of the right to prepayment, and the land owner cannot obtain a judgment of ejectment until the damages have been assessed and a default made upon the judgment therefor. 6 Am. & Eng. Enc. Law (1st Ed.) 587, 594; McAuley v. Western Yt. R. Co., 33 Vt. 322. Plaintiffs have acquiesced in all the defendant’s acts in the occupancy and…
1Opinion of the CourtMorgan, C. J.
This is an action to recover the possession of certain lots in the -city o-f Fargo, which the city is alleged to have wrongfully taken possession of and excluded th-e plaintiffs therefrom, and for the recovery of damages for th-e value of the use of the lots. The property involved' in the action is known as “Keeney & Devitt’s Third- Addition to the City of Fargo-,” and comprises fourteen lots on Seventh Avenue North. This avenu-e is thirty-five feet wide, according to the original -plat of the city. As traveled and used at present, said- avenue is seventy-five feet -in width, and the…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Indiana, Bloomington & Western Railway Co. v. AllenIndiana Supreme Court · 1888
- Van Valkenburgh v. City of MilwaukeeWisconsin Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Autenrieth v. BartleyMissouri Court of Appeals · 1943
- Belakjon v. HilstadNorth Dakota Supreme Court · 1949
- Cline v. DuffyNorth Dakota Supreme Court · 1910