Brynjolfson v. Dagner
North Dakota Supreme Court
Appeal from District Court, Bottineau county; Falda, J. Action by B. S. Brynjolfson against Christina Dagner and others. Judgment for plaintiff, and defendants appeal. Deed from one, while others are in adverse possession which they have asserted, and received rents and profits for over a year ,is void.
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Appeal from District Court, Bottineau county; Falda, J. Action by B. S. Brynjolfson against Christina Dagner and others. Judgment for plaintiff, and defendants appeal. Deed from one, while others are in adverse possession which they have asserted, and received rents and profits for over a year ,is void. Rev. Codes 1899, section 7002, and section 3920; Galbraith v. Paine, 12 N. D. 164, 96 N. W. 258; Schneller v. Plankinton, 12 N. D. 561, 98 N. W. 77. Failure to make inquiry of one in possession of land, charges one with knowledge of all that such inquiry would reveal. Thompson v .Pioche, 44…
1Opinion of the CourtEngerud, J.
This is an appeal from a final judgment in plaintiff’s favor, and is before us for review on all the issues, under section 5630, Rev. Codes 1899.
The plaintiff alleges that he is the owner in fee of the quarter section of land in question, and the action was brought for the threefold purpose of quieting his title, recovering possession and redeeming the land from a mortgage. The defendants, who have appealed, are the heirs at law and the administrators of the estate of one Gottlieb Dagner, deceased, who, in his lifetime was in the exclusive possession of the land, claiming title thereto under…
2Cases cited2 opinions
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
- Schneller v. PlankintonNorth Dakota Supreme Court · 1904
3Cited by7 opinions
- Knowlton v. CoyeNorth Dakota Supreme Court · 1949
- Loy Ex Rel. Union Securities Co. v. KesslerNorth Dakota Supreme Court · 1949
- West v. Middlesex Banking Co.South Dakota Supreme Court · 1914
- Hamm v. McKennyOregon Supreme Court · 1914
- Langley v. Stondall Land & Investment Co.Court of Appeals for the Eighth Circuit · 1920
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