Brey v. Tvedt

The plaintiff instituted this action to quiet title to the North West Quarter of Section 29, Township 153, Range 87 in Ward County, North Dakota, and to require the defendant to account for certain crops raised thereon. The defendant answered, setting forth that he purchased the land at an auction sale held at the instance of the plaintiff and, by counterclaim, seeks a decree of specific performance requiring the plaintiff to convey title to him.

At the time of the trial the defendant, in open court, asked for judgment on the pleadings because the plaintiff had failed to reply to the…