Martinson v. Marzolf
North Dakota Supreme Court
Appeal from District Court, McLean county; Winchester, J. Action by Martin Martinson against George Marzolf and Millie Marzolf. Judgment for defendants, and plaintiff appeals. Equity will protect entryman’s possession by injunction. Reaves v. Oliver, 41 Pac. 353. Injunction can only be dissolved at any time before trial, not after judgment is entered.
Read the full summary
Appeal from District Court, McLean county; Winchester, J. Action by Martin Martinson against George Marzolf and Millie Marzolf. Judgment for defendants, and plaintiff appeals. Equity will protect entryman’s possession by injunction. Reaves v. Oliver, 41 Pac. 353. Injunction can only be dissolved at any time before trial, not after judgment is entered. Rev. Codes 1899, section 5350. The decision of the Department of the Interior, allowing a homestead entry upon public lands, is binding upon the courts. Reservation State Bank v. Holst, 95 N. W. 931. State and territorial courts have no…
1Opinion of the CourtEngerud, J.
In November, 1901, the plaintiff made application at the United States land office at Devils Lake to enter the land in question as a homestead. The application was accepted, and in the following May the plaintiff attempted to take possession -of the land under such homestead claim. The defendants (husband and wife) were in possession of the land-, living upon it and farming it. They had ninety.acres planted to crop. They *304refused to yield possession, and forcibly resisted plaintiff’s attempts to obtain possession. The plaintiff thereupon commenced this action in June, 1902. The original…
2Cases cited6 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Salter v. HilgenWisconsin Supreme Court · 1876
- State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Perry v. ErlingNorth Dakota Supreme Court · 1965
- Stafford v. DickisonHawaii Supreme Court · 1962
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- State Ex Rel. Conway v. HughesSouth Dakota Supreme Court · 1934
- United Accounts, Incorporated v. LantzNorth Dakota Supreme Court · 1966
30 more not listed; retrieve them via the Exa API.