The Gardner Hotel Co. v. Hagaman
North Dakota Supreme Court
Questions of law certified in an- action to determine adverse claims in District Court, Cass County, Cole, J. Without the furnishing of the inventory of the partnership property and the giving of the bond required by § 8711, the surviving partner is disqualified to sell and convey the partnership realty. McFadden Case, 40 N. D. 415; Tillinghast v. Champlin, 4 R. I. 173, 67 Am. Dec. 510 and other authorities.
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Questions of law certified in an- action to determine adverse claims in District Court, Cass County, Cole, J. Without the furnishing of the inventory of the partnership property and the giving of the bond required by § 8711, the surviving partner is disqualified to sell and convey the partnership realty. McFadden Case, 40 N. D. 415; Tillinghast v. Champlin, 4 R. I. 173, 67 Am. Dec. 510 and other authorities. Partnership realty is converted into personalty only for .the purpose and to the extent necessary-to liquidate partnership affairs, that the ultimate right to the surplus of the proceeds…
1ConcurrenceBronson, J.
The certification-in this case is, in effect, a certification of the entire record for. purposes of reviewing the two determinative legal questions involved. The facts are not disputed. The trial court has made its findings and order for judgment quieting title in the plaintiff. The two ultimate legal questions involved are:
First: Did the deed of the surviving partner convey upon this record a good title to the plaintiff?
Second: Did the court have jurisdiction in an action to determine adverse claims over the title of the minor heir of the deceased partner ?
I am of the opinion that these…
2Cases cited23 opinions
- Shanks v. KleinSupreme Court of the United States · 1881
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Tidd v. RinesSupreme Court of Minnesota · 1879
- McIntosh v. ZaringIndiana Supreme Court · 1898
- Frost v. WolfTexas Supreme Court · 1890
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