Legal Opinion

Henniges v. Paschke

North Dakota Supreme Court

Decided November 20, 1900PublishedCited by 14 opinions

Appeal from District Court, Walsli County; Sauter, J. Action by Fred Plenniges and others against John Johnson and others. Judgment for defendant John Paschke, and plaintiffs appeal. The general rule of law is that a deed must designate the grantee, otherwise it is a nullity and passes no title.

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Appeal from District Court, Walsli County; Sauter, J. Action by Fred Plenniges and others against John Johnson and others. Judgment for defendant John Paschke, and plaintiffs appeal. The general rule of law is that a deed must designate the grantee, otherwise it is a nullity and passes no title. Allen v. Allen, 51 N. W. Rep. 473; Allen v. Withrow, no U. S. 119, 28 L. Ed. 90; Paul v. Moody, 7 Greenl. 455; Whitaker v. Miller, 83 111. 3x1; Chase v. Palmer, 29 111. 306, 9 Am. & Eng. Ene. L. (2d Ed.) 132, and note; Hardin v. Hardin, 11 S. E. Rep. 102. The grantee under a quitclaim deed is not a…

1Opinion of the CourtYoung, J.

This is an action to foreclose a real estate mortgage. The mortgage in question was given by Tohn Tohnson, one of the defendants herein, to one John P. Walker,' to secure his eight promissory notes of even date therewith. It was placed on record on June 28, 1895, the day it was executed. Four of the notes were for $500 eacix, and matured, respectively, on November 1, 1895, 1896, 1897, and 1898. The remaining four notes were for $1,000 each and matured, respectively, on November 1, 1899, 1900, 1901, and 1902. All of the notes were transferred to plaintiffs before matur*494ity, and are unpaid. No…

2Cases cited17 opinions

  1. Jackson v. LamphireSupreme Court of the United States · 1830
  2. Allen v. WithrowSupreme Court of the United States · 1884
  3. Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
  4. Williams v. JacksonSupreme Court of the United States · 1883
  5. Merrill v. HurleySouth Dakota Supreme Court · 1895

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Citizens National Bank of Connellsville v. Harrison-Doddridge Coal & Coke Co.West Virginia Supreme Court · 1921
  2. Manufacturing Trust Co. v. Peoples Holding Co.Supreme Court of Florida · 1933
  3. Brugman v. CharlsonNorth Dakota Supreme Court · 1919
  4. Holvick v. BlackNorth Dakota Supreme Court · 1928
  5. Millick v. O'MalleyIdaho Supreme Court · 1928

9 more not listed; retrieve them via the Exa API.

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