Simonson v. Wenzel
North Dakota Supreme Court
Appeal from District Court, McHenry County, A. G. Burr, J. From a judgment in plaintiff’s favor, defendant M. C. Krupp appeals. The term “conveyance” embraces every instrument in writing by, which any estate or interest in real property is created, alienated, mortgaged, or encumbered, or affected, except wills and powers of attorney.
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Appeal from District Court, McHenry County, A. G. Burr, J. From a judgment in plaintiff’s favor, defendant M. C. Krupp appeals. The term “conveyance” embraces every instrument in writing by, which any estate or interest in real property is created, alienated, mortgaged, or encumbered, or affected, except wills and powers of attorney. Rev. Codes 1905, §§ 5038, 5039. The interest of a vendee under an unperformed executory contract does not constitute real property of 'such vendee. Miller v. Shelburn, 15 N. D. 182, 107 N. W. 51; Cummings v. Duncan, 22 N. D. 534, 134 N. W. 712. Equity will not…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of McHenry county, decreeing the foreclosure of a real-estate mortgage in plaintiff’s favor. The appeal is upon the judgment roll proper, .appellants’ contention being that the conclusions of the trial court are not warranted by the findings of fact.
Such findings of fact are in substance as follows:
1. That on and prior to March 20, 1906, the defendant, Dakota Development Company, was the owner in fee of the real estate in controversy as disclosed by the public records in the office of the register of deeds. On such daté this company…
2Cases cited15 opinions
- Smith v. PattonWest Virginia Supreme Court · 1878
- Crane v. . TurnerNew York Court of Appeals · 1876
- Doran v. DazeyNorth Dakota Supreme Court · 1895
- Jones v. LaphamSupreme Court of Kansas · 1875
- Edwards v. McKernanMichigan Supreme Court · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Knauss v. Miles Homes, Inc.North Dakota Supreme Court · 1969
- Quaschneck v. BlodgettNorth Dakota Supreme Court · 1915
- Sox v. MiracleNorth Dakota Supreme Court · 1916
- Battersby v. GillespieNorth Dakota Supreme Court · 1928
- Eynon v. ThompsonNorth Dakota Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.