Herrmann v. Minnekota Elevator Co.
North Dakota Supreme Court
Appealed from the Comity Court of Benson County, Liles, J. Statements made by outside, disinterested parties are wholly incompetent and immaterial; to make a person a party to an action, service of the summons upon him is necessary. Bunker v. Taylor, 10 S. D. 526, 74 N. W. 450. Tetrault was a hold over under the old lease, and the rights of the parties are fixed and controlled by such lease.
Read the full summary
Appealed from the Comity Court of Benson County, Liles, J. Statements made by outside, disinterested parties are wholly incompetent and immaterial; to make a person a party to an action, service of the summons upon him is necessary. Bunker v. Taylor, 10 S. D. 526, 74 N. W. 450. Tetrault was a hold over under the old lease, and the rights of the parties are fixed and controlled by such lease. Wadsworth v. Owens, 21 N. D. 255, 130 N W. 932. The grain had never been divided so as to change the vested title. Angelí v. Egger, 6 N. D. 391, 71 N. W. 547; Smith v. Atkins, 18 Vt, 461; Esdon v.…
1Opinion of the CourtBurke, J.
In 1908 one Wright owned a quarter section of land in Rolette county, North Dakota, and made a written lease with one Tetrault to farm the same during the years 1908, 9, 10, which lease reserved the title in the landlord to all crops until a division thereof. In August, 1909, Wright sold the land to Dr. Robertson, and he, in October 1910, deeded it to the Eirst National Bank of Rolette, of which he was vice-president and for whom he had previously held the title. During the years 1909 and 1910 the bank assumed the lease with Telrault, and after a division of the grain turned one half over to…
2Cases cited4 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Wadsworth v. OwensNorth Dakota Supreme Court · 1911
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Simmons v. McConvilleNorth Dakota Supreme Court · 1910
3Cited by6 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- National Bank of Wheaton v. ElkinsSouth Dakota Supreme Court · 1916
- State Bank v. Hurley Farmers Elevator Co.North Dakota Supreme Court · 1916
- Timm v. ArvidsonNorth Dakota Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.