Christ v. Johnstone
North Dakota Supreme Court
Appeal from the District Court for Billings County; Nuehols, J, A person owning real estate cannot recover for trespass or injury to, or for the use and occupation of, such real estate, for a time prior to acquiring title. Sibbald’s Estate, 18 Pa. 249; Schuylkill & S. Nav. Co. v. Decker, 2 Watts, 343; McFadden v. Johnson, 72 Pa. 335, 13 Am.
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Appeal from the District Court for Billings County; Nuehols, J, A person owning real estate cannot recover for trespass or injury to, or for the use and occupation of, such real estate, for a time prior to acquiring title. Sibbald’s Estate, 18 Pa. 249; Schuylkill & S. Nav. Co. v. Decker, 2 Watts, 343; McFadden v. Johnson, 72 Pa. 335, 13 Am. Rep. 681; Masterson v. Hagan, 17 B. Mon. 328; 3 Sutherland, Damages, § 992, p. 2923. This cause was properly tried as an action in equity. The appeal should be dismissed, because it is from only a part of the judgment. Prescott v. Brooks, 11 N. D. 93, 90…
1Opinion of the CourtBurke, J.
This action was brought to quiet title to a quarter section of land in Billings county. The trial was had by the district court without a jury, under § 7229, Rev. Codes 1905, and findings of fact arid conclusions of law favorable to the plaintiff were made and filed. Within the proper time the defendant served and filed the following notice of appeal: “Please take notice that the defendants hereby appeal to the supreme court of the state of North Dakota from that portion of the judgment in this action . . . which orders, adjudges and decrees that plaintiff have and recover from the defendant…
2Cases cited14 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- Prescott v. BrooksNorth Dakota Supreme Court · 1902
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897
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3Cited by6 opinions
- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
- First National Bank v. BremsethNorth Dakota Supreme Court · 1931
- Schmidt v. JohnstoneNorth Dakota Supreme Court · 1915
- Pearce v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1938
- Randall v. JohnstoneNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.