Bull v. Beiseker
North Dakota Supreme Court
Action by Emerson K. Bull against Clara A. Beiseker and oth-ers. From an order sustaining a demurrer -to the complaint, plaintiff appeals. Publication of foreclosure notice for less than 42 days is void. Finlayson v. Peterson, 5 N. D. 587, 67 N. W. 953; Dever v. Corn"wall, 10 N. D. 123, 86 N. W. 227. Whether the covenant runs with land depends upon privity of ' contract, not upon, the character of the title passed by the conveyance.
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Action by Emerson K. Bull against Clara A. Beiseker and oth-ers. From an order sustaining a demurrer -to the complaint, plaintiff appeals. Publication of foreclosure notice for less than 42 days is void. Finlayson v. Peterson, 5 N. D. 587, 67 N. W. 953; Dever v. Corn"wall, 10 N. D. 123, 86 N. W. 227. Whether the covenant runs with land depends upon privity of ' contract, not upon, the character of the title passed by the conveyance. Allan v. Kennedy, 91 Mo. 330; Kimbal v. Bryant, 25 Minn. .496; Schofield v. Iowa Homestead Co., 32 Iowa, 318. For title to run with the land, some interest in the…
1Opinion of the CourtFisk, J.
Plaintiff, an assignee of a remote grantee in a deed purporting to convey certain real property, brought this action in the district court of Wells .county'to recover damages against defendants, who are remote grantors, for the breach of certain covenants contained in the latters’ 'deed to their immediate grantee, one Charles A. Johnson. The -complaint alleges' that at the date such deed was executed and delivered by defendants to the said Johnson they had no right, title or interest in the real property therein described, nor had they the possession thereof. The complaint then alleges the…
2Cases cited9 opinions
- Real v. HollisterNebraska Supreme Court · 1886
- McInnis v. LymanWisconsin Supreme Court · 1885
- Mygatt v. . CoeNew York Court of Appeals · 1897
- Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1890
- Chapman v. KimballNebraska Supreme Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Panhandle & S. F. Ry. Co. v. WigginsCourt of Appeals of Texas · 1942
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Merchants' Nat. Bank of Clinton v. OteroNew Mexico Supreme Court · 1918
- Brewster v. HinesWest Virginia Supreme Court · 1971
7 more not listed; retrieve them via the Exa API.