Quaschneck v. Blodgett
North Dakota Supreme Court
Appeal from tbe District Court of Dickey County, Frank P. Allen, J. From a judgment in plaintiff’s favor, defendant Blodgett appeals. Where possession of land is consistent with the record title, it is presumed to be under such title, and is not notice of outstanding unrecorded equities. Smith v. Yule, 31 Cal. 180, 89 Am. Dee. 167; Dutton v. McBeynolds, 31 Minn. 66, 16 N. W. 486; Townsend v. Little, 109 U. S. 504, 27 L. ed. 1012, 3 Sup. Ct.
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Appeal from tbe District Court of Dickey County, Frank P. Allen, J. From a judgment in plaintiff’s favor, defendant Blodgett appeals. Where possession of land is consistent with the record title, it is presumed to be under such title, and is not notice of outstanding unrecorded equities. Smith v. Yule, 31 Cal. 180, 89 Am. Dee. 167; Dutton v. McBeynolds, 31 Minn. 66, 16 N. W. 486; Townsend v. Little, 109 U. S. 504, 27 L. ed. 1012, 3 Sup. Ct. Bep. 357; Williams v. Sprigg, 6 Ohio St. 585. Where a vendor remains in possession after conveyance, such possession is not notice that he claims any…
1Opinion of the Court
Eisk, Ch. J.
This case is here for trial de novo. Plaintiff seeks to have certain adverse claims determined, and to quiet his title to certain real property in Dickey county. The facts as we find them to exist are substantially as follows: On November 23, 1907, one George D. Hall, who was on such date the owner of the real property in controversy, em tered into a written contract with the plaintiff whereby the latter agreed to purchase, and Hall agreed to sell, such property at the stipulated price of $9,920, of which $3,320 was paid in cash, and all the deferred payments were represented by…
2Cases cited17 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Garbutt v. MayoSupreme Court of Georgia · 1907
- Niles v. CooperSupreme Court of Minnesota · 1906
- Meade v. GilfoyleWisconsin Supreme Court · 1885
- Cumberland Building & Loan Ass'n v. SparksCourt of Appeals for the Eighth Circuit · 1901
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3Cited by5 opinions
- Nelson v. NelsonNorth Dakota Supreme Court · 1929
- Battersby v. GillespieNorth Dakota Supreme Court · 1928
- Frank Lynch Co. v. National City Bank of ChicagoCourt of Appeals for the Eighth Circuit · 1919
- Kenneth Walker and Josephine Walker v. Fairbanks Investment CompanyCourt of Appeals for the Ninth Circuit · 1959
- Thorne v. ObergAppellate Court of Illinois · 1936