Martyn v. Olson
North Dakota Supreme Court
Appeal from the District Court of Ward County, Leighton, J. Action to quiet title. Judgment for defendant. Plaintiff appeals- Statement by Bruce, J. This is an action to quiet title.
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Appeal from the District Court of Ward County, Leighton, J. Action to quiet title. Judgment for defendant. Plaintiff appeals- Statement by Bruce, J. This is an action to quiet title. In December, 1904, one Robert J. Martyn, a single man, made homestead entry, under the government land laws of the United States, upon the land described in the complaint, and under such entry, lived upon, occupied, and made the same his home for about thirty-eight months continuously thereafter, when he died intestate, unmarried, without issue, and without having made or attempted to make final proof upon said…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Although the courts ■at first doubted the validity of a mortgage which was made before the issuance of the patent, and this even as against the original homesteader, they later, and in a number of recent decisions, have asserted ■the doctrine of what may be termed the inchoate right to legal title in *322the entryman, and have upheld such mortgages as promises to mortgage and inchoate liens which become vested and enforceable when the patent is once issued to the entryman. See Adam v. McClintock, 21 N. D. 483, 131 N. W. 394, and cases cited. They have, on the…
2Cases cited15 opinions
- Hall v. RussellSupreme Court of the United States · 1880
- Hussman v. DurhamSupreme Court of the United States · 1897
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
- Tracy v. WheelerNorth Dakota Supreme Court · 1906
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gray v. McKnightSupreme Court of Oklahoma · 1919
- Sawyer v. BartonNew Mexico Supreme Court · 1951
- Stoll v. GottbrehtNorth Dakota Supreme Court · 1920
- First National Bank v. ZookNorth Dakota Supreme Court · 1923
- Martin v. YagerNorth Dakota Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.