Yerkes v. Crum
North Dakota Supreme Court
A PPEAL from district court, Cass county; Hon. William x± B. McConnell, Judge. Action for cancellation of tax deed, to quiet title to certain realty in plaintiff and for possession of the same. Judgment for plaintiff. Defendant appeals. Appellant could not, pending the litigation between respondent and the Hadleys, in which he acted as attorney for them, acquire any interest in the premises in question antagonistic to the Hadleys by the purchase of an outstanding tax title.
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A PPEAL from district court, Cass county; Hon. William x± B. McConnell, Judge. Action for cancellation of tax deed, to quiet title to certain realty in plaintiff and for possession of the same. Judgment for plaintiff. Defendant appeals. Appellant could not, pending the litigation between respondent and the Hadleys, in which he acted as attorney for them, acquire any interest in the premises in question antagonistic to the Hadleys by the purchase of an outstanding tax title. Such purchase is wholly void and the question may be raised by respondent. Lynn v. Morse, 39 N. W. Rep. 203; Greenhood…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
A brief statement of the pleadings is necessary for a proper understanding of the points raised by this appeal. The complaint states that plaintiff is the owner,of a certain lot in the city of Fargo, and as his source of title avers that in December, 1881, Lafayette Hadley and Kate Irene Hadley, his wife, executed to plaintiff a mortgage on said lot to secure a certain sum of money, the mortgagors undertaking to pay all taxes that had been or might be assessed against the premises; that default was made in the payment of the amount…
2Cases cited17 opinions
- Cowee v. . CornellNew York Court of Appeals · 1878
- Baker v. HumphreySupreme Court of the United States · 1880
- Nesbit v. . LockmanNew York Court of Appeals · 1866
- Bingham v. SaleneOregon Supreme Court · 1887
- Harper v. PerrySupreme Court of Iowa · 1869
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3Cited by6 opinions
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
- Heebner v. ShepardNorth Dakota Supreme Court · 1895
- Holie v. ForbesNorth Dakota Supreme Court · 1934
- Sigmund v. Bank of MinotNorth Dakota Supreme Court · 1894
- Berglund v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.