Legal Opinion

D. S. B. Johnston Land Co. v. Mitchell

North Dakota Supreme Court

Decided January 27, 1915PublishedCited by 11 opinions

Appeal from District Court, Sargent County, Allen J. From” a judgment in defendants’ favor, plaintiff appeals. The deed by which defendants claim to be the owners of this property is champertous and void. The deed from Herrington to defendants is void. Grantor was out of possession and had not collected rents or profits for more than one year; plaintiff’s possession through his tenants was sufficient to set in motion the statute.

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Appeal from District Court, Sargent County, Allen J. From” a judgment in defendants’ favor, plaintiff appeals. The deed by which defendants claim to be the owners of this property is champertous and void. The deed from Herrington to defendants is void. Grantor was out of possession and had not collected rents or profits for more than one year; plaintiff’s possession through his tenants was sufficient to set in motion the statute. Galbraith v. Payne, 12 N. D. 164, 96 N. W. 258; Schneller v. Planldnton, 12 N. D. 561, 98 N. W. 11; Conrad v. Adler, 13 N. D. 199, 100 N. W. 122; Burke y. Scharf, 19…

1Opinion of the Court

Fisk, Ch. J.

This cause is here for trial de novo of the entire case. It is the statutory action to determine adverse claims to real property, and comes here on appeal from the judgment of the district court of Sargent county.

The complaint is in the usual form, alleging that the plaintiff has an interest in the real property therein described; that the defendants claim certain estates or interest in, or liens or encumbrances upon, the same adverse to the plaintiff, the prayer for judgment being:

“1. That the defendants be required to set forth all their adverse claims to the property above…

2Cases cited13 opinions

  1. State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
  2. Galbraith v. PayneNorth Dakota Supreme Court · 1903
  3. Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
  4. Butler v. SmithNebraska Supreme Court · 1909
  5. Hebden v. BinaNorth Dakota Supreme Court · 1908

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Grandin v. GardinerNorth Dakota Supreme Court · 1954
  2. McGrath v. EichoffSupreme Court of Oklahoma · 1940
  3. Nord v. NordNorth Dakota Supreme Court · 1938
  4. Harney v. MontgomeryWyoming Supreme Court · 1923
  5. State v. RosenquistNorth Dakota Supreme Court · 1952

6 more not listed; retrieve them via the Exa API.

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