Rasmussen v. Stone
North Dakota Supreme Court
Appeal from the District Court of Morton County, Nuchols, J. Action to quiet title to land. Judgment for plaintiff. Defendants appeal.
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Appeal from the District Court of Morton County, Nuchols, J. Action to quiet title to land. Judgment for plaintiff. Defendants appeal. The certificate of a notary public imports verity, and where such certificate is to an instrument affecting title to real property, the necessity for rendering such title secure requires that the proof to overthrow a certificate regular on its face must be so strong as to exclude every reasonable doubt as to its falsity. 1 Oyc. 623, and cases cited; Patnode v. Deschenes, 15 N. D. 100, 106 N. W. 573; 2 Jones, Oonv. § 1196; McCardia v. Billings, 10 N. D. 373, 88…
1Opinion of the CourtBruce, J.
This is an action to quiet title in the plaintiff, Bertina Basmussen, to a quarter section of land, and is brought in the form of the statutory action to determine adverse claims. The defendant answers, setting up certain mortgages alleged to have been executed by the plaintiff and her deceased husband, Iíans C. Basmussen, and asks to have these mortgages foreclosed. The plaintiff replies, denying the execution of the notes and mortgages as far as she is concerned, in and alleging that said notes and mortgages are void as the land involved was the homestead of herself and her husband. The…
2Cases cited1 opinion
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
3Cited by10 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Yusko v. StudtNorth Dakota Supreme Court · 1917
- Hazlett v. MathieuNorth Dakota Supreme Court · 1928
- Acklin v. First National BankNorth Dakota Supreme Court · 1934
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