Ugland v. Farmers & Merchants' State Bank
North Dakota Supreme Court
Appeal by defendants from a judgment of the District Court' for Pierce County; A. G. Burr, J., in plaintiff’s favor in an action brought to enforce specific performance of a contract for the sale of certain property and to quiet title. Action for specific performance of a contract for the sale and purchase of certain real property, and also to quiet title.
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Appeal by defendants from a judgment of the District Court' for Pierce County; A. G. Burr, J., in plaintiff’s favor in an action brought to enforce specific performance of a contract for the sale of certain property and to quiet title. Action for specific performance of a contract for the sale and purchase of certain real property, and also to quiet title. Plaintiff recovered judgment in the district court, and defendants have appealed therefrom to this court, and a trial de novo is demanded. The statement of facts in respondent’s brief is substantially correct, and we adopt such statement…
1Opinion of the CourtFisk, J.
(after stating the facts as above). The chief question in dispute in this litigation is as to who, as between plaintiff, Hgland, and defendant Hanson, is equitably entitled to the land in controversy. Both claim from a common source, while the defendant bank claims to hold the title merely in trust for its codefendant. The crucial question is whether, prior to the time plaintiff purchased the assignment of the contract from Noble, the latter had, by a valid contract, parted with his interest in such land to defendant Hanson, and this, in turn, depends upon the correctness of the contention on…
2Cases cited9 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Sanborn v. MurphyTexas Supreme Court · 1894
- Hansen v. BerthelsenNebraska Supreme Court · 1886
- Jones v. PettigrewSouth Dakota Supreme Court · 1910
- Messmore v. CunninghamMichigan Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- McDonald v. AbrahamNorth Dakota Supreme Court · 1947
- Motschman v. Bridgepoint Mineral Acquisition Fund, LLCNorth Dakota Supreme Court · 2011
- Hultberg v. HultbergNorth Dakota Supreme Court · 1923
9 more not listed; retrieve them via the Exa API.