Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'n
North Dakota Supreme Court
Appeal from tbo District Court of Ward County, Leighton, T. Plaintiff appeals from an order sustaining a demurrer to the complaint. “Possession by a tenant is constructive notice, as to third persons, of the title of the landlord.” 24 Cyc. 924. “The ownership of the realty carries with it, as an incident thereto, the prima facie presumption of the ownership of annually sown crops.
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Appeal from tbo District Court of Ward County, Leighton, T. Plaintiff appeals from an order sustaining a demurrer to the complaint. “Possession by a tenant is constructive notice, as to third persons, of the title of the landlord.” 24 Cyc. 924. “The ownership of the realty carries with it, as an incident thereto, the prima facie presumption of the ownership of annually sown crops. And the owner of the land may, iu parting with the use of it to another, make such conditions and reservations in relation to the land itself or-to the products growing from it as he chooses, instead of parting with…
1Opinion of the CourtChristianson, J.
This action was brought in the district court of Ward county to recover damages for the alleged conversion of certain wheat. The complaint contained two causes of action. The defendant interposed a general demurrer to both causes. The trial court sustained the demurrer, and the plaintiff has appealed.
For a first cause of action it is averred, in substance: That the plaintiff during all of the year 1919 was the owner of certain lands in Ward county in this state; that in the spring it leased such lands for that year, by a written contract or lease on the so-called “crop-share plan,” to two men…
2Cases cited14 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Consolidated Land & Irrigation Co. v. HawleySouth Dakota Supreme Court · 1895
- Whithed v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1900
- National Bank of Wheaton v. ElkinsSouth Dakota Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
- Permann v. Knife River Coal Mining Co.North Dakota Supreme Court · 1970
- Devereaux Mortgage Co. v. WalkerIdaho Supreme Court · 1928
- Fargo Loan Agency v. LarsonNorth Dakota Supreme Court · 1926
- Security State Bank of North Dakota v. OrvikNorth Dakota Supreme Court · 2001
21 more not listed; retrieve them via the Exa API.