Smith v. Security Loan & Trust Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Lauder, J. Action by J. M. Smith, trustee for the use of Franklin S. Dalrymple and others, against the Security Loan & Trust Company of Casselton and others. From an order overruling a demurrer to the complaint, defendants appeal. Plaintiff has no estate or interest in the real property in question and cannot maintain this action. Sec. 5904, Rev. Codes.
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Appeal from District Court, Cass County; Lauder, J. Action by J. M. Smith, trustee for the use of Franklin S. Dalrymple and others, against the Security Loan & Trust Company of Casselton and others. From an order overruling a demurrer to the complaint, defendants appeal. Plaintiff has no estate or interest in the real property in question and cannot maintain this action. Sec. 5904, Rev. Codes. The premises affected were the homestead of Isabella C. Dalrymple, her husband has the right of possession and occupancy until otherwise disposed of. Sec. 2463, Comp. Laws. Such homestead descends…
1Opinion of the CourtWallin, J.
In this action the defendants have appealed from an order overruling a general demurrer to the complaint. The only question presented for determination is whether the complaint alleges facts sufficient to constitute a cause of action in favor of the plaintiff. In disposing of the questions involved, it will be necessary to state only the substance of certain allegations of the complaint which we have deemed to be decisive of the result in this Court. The controlling facts may be stated briefly as follows: On the 3d day of May, 1891, and long prior thereto, one Oliver C. Dalrymple and Isabella…
2Cases cited5 opinions
- Rawson v. . LampmanNew York Court of Appeals · 1851
- Witham v. BroonerIllinois Supreme Court · 1872
- Wright v. . DouglassNew York Court of Appeals · 1853
- Farmer's National Bank of Owatonna v. MoranSupreme Court of Minnesota · 1883
- Ring v. . McCounNew York Court of Appeals · 1851
3Cited by9 opinions
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Carter v. CarterNorth Dakota Supreme Court · 1905
- Dalrymple v. Security Loan & Trust Co.North Dakota Supreme Court · 1900
- Dalrymple v. Security Improvement Co.North Dakota Supreme Court · 1902
- Kernkamp v. SchulzNorth Dakota Supreme Court · 1919
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