Fleischer v. Fleischer
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by Lizzie Fleischer, administratrix of William Fleischer, against Ernstenia S. Fleischer. Judgment for plaintiff. Defendant appeals. A married woman whose husband has deserted her can hold and prove up a timber culture entry. In re Waltenburger, 2 Copp.
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Appeal from District Court, Traill County; Pollock, J. Action by Lizzie Fleischer, administratrix of William Fleischer, against Ernstenia S. Fleischer. Judgment for plaintiff. Defendant appeals. A married woman whose husband has deserted her can hold and prove up a timber culture entry. In re Waltenburger, 2 Copp. L. O. 828; Gla'ser v. Bogaréis, 2 L. D. 311. So, when her sons informed appellant that she could not hold her timber culture claim because she was married 'she was misled to her prejudice. William Fleischer filed for his mother upon the land which she had an undisputed right to hold…
1Opinion of the CourtWallin, C. J.
This action was brought to quiet the title to the N. W. %. of section 26, township 144 N., of range 51 W., in Traill county. . The district court entered judgment in favor of the plaintiff after a trial without a jury, and the case is now before this court for trial anew on appeal from such judgment.
The facts in the record which are uncontroverted may be epitomized as follows: In the year 1878 Charles W. Fleischer, the -husband of the defendant, made a homestead entry upon the northeast quarter of said section 26, and at the same time made a timber-culture entry upon the land in controversy.…
2Cases cited7 opinions
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Rayl v. RaylSupreme Court of Kansas · 1897
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- Church v. AdamsOregon Supreme Court · 1900
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3Cited by2 opinions
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