Wadsworth v. Owens
North Dakota Supreme Court
Appeal from District Court, Cavalier county; Kneeshcm, J. Action by E. A. Wadsworth against C. R. Owens. Judgment-for defendant, and plaintiff appeals. Objection to evidence, on ground of motion, must be specific. Kolka v. Jones, 6 N. D. 461, 71 N. W. 558; Caledonia Gold Mining Co. v. Noonan, 3 Dak. 189, 14 N. W. 426. The evidence of McKechney should have been received, it being admitted without objection. Kolka v. Jones, supra.
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Appeal from District Court, Cavalier county; Kneeshcm, J. Action by E. A. Wadsworth against C. R. Owens. Judgment-for defendant, and plaintiff appeals. Objection to evidence, on ground of motion, must be specific. Kolka v. Jones, 6 N. D. 461, 71 N. W. 558; Caledonia Gold Mining Co. v. Noonan, 3 Dak. 189, 14 N. W. 426. The evidence of McKechney should have been received, it being admitted without objection. Kolka v. Jones, supra. Owner of land owns crops thereon, unless title thereto is divested by contract. Elstad v. N. W. Elevator Go., 6 N. D. 88, 69 N. W. 44; 29 Am. & Eng. Enc. Law (2d Ed.)…
1Opinion of the CourtMorgan, C. J.
This is an action in claim and delivery brought for the possession of grain, consisting of wheat, oats and barley grown upon 'certain lands which are described in the complaint. 'The complaint contains the usual allegations in claim and delivery actions, and demands the possession of the grain, which is alleged to be of the value of $2,500.
The answer is a general denial, with an admission that the value of the grain described in the complaint was as therein alleged. The issues which have ¡been litigated are as to the title of the grain in controversy. The plaintiff claims that the title. and…
2Cases cited3 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Aronson v. OppegardNorth Dakota Supreme Court · 1907
- Ellestad v. Northwestern Elevator Co.North Dakota Supreme Court · 1896
3Cited by9 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Stavens v. National Elevator Co.North Dakota Supreme Court · 1917
- State Bank v. Hurley Farmers Elevator Co.North Dakota Supreme Court · 1916
- Wadsworth v. OwensNorth Dakota Supreme Court · 1911
- Davis v. C. & J. Michel Brewing Co.South Dakota Supreme Court · 1913
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