Legal Opinion

Schuyler v. Wheelon

North Dakota Supreme Court

Decided February 21, 1908PublishedCited by 2 opinions

Appeal from District Court, Benson County; Kneeshaw, J. Action by W. H. Schuyler against F. E. Wheelon and S. W. Wheelon. Judgment for defendants, and plaintiff appeals. An instrument void on its face may cloud a title, and action may be sustained to remove it.

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Appeal from District Court, Benson County; Kneeshaw, J. Action by W. H. Schuyler against F. E. Wheelon and S. W. Wheelon. Judgment for defendants, and plaintiff appeals. An instrument void on its face may cloud a title, and action may be sustained to remove it. Revised Codes 1905, section 6626; Rower v. Kitching, 10 N. D. 254, 86 N. W. 737; Stokes v. Allen, 89 N. W. 1023. A contract designed to supersede another, cannot be read to determine the intention of the parties to the latter. Overbeck v. Association, 17 Mo. App. 310. A contract that fails to show quantity and location of land is void.…

1Opinion of the CourtFisk, J.

This is an appeal from a judgment in defendants’ favor rendered by the district court of Benson county, and comes ■here for trial de novo of the entire case.

Briefly stated the facts are that appellant, the owner of the S. Wj4> section 30, township 152, range 68, entered into a contract with respondent, F. E. Wheelon, on May 6, 1901, as follows:

“This agreement made this 6th day of May, 1901, by and between W. H. Schuyler, party of the first part, and F. E. Wheelon, party of the second part: That whereas, the Northern Pacific Railway Co. has located and is about to construct a railroad over and…

2Cases cited6 opinions

  1. Washburn v. FletcherWisconsin Supreme Court · 1877
  2. Nippolt v. KammonSupreme Court of Minnesota · 1888
  3. Meldrum v. KenefickSouth Dakota Supreme Court · 1902
  4. Branch, Ex Parte .Supreme Court of North Carolina · 1875
  5. Emshwiller v. TynerIndiana Court of Appeals · 1896

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

3Cited by2 opinions

  1. Erickson v. WiperNorth Dakota Supreme Court · 1916
  2. Bormann v. BeckmanNorth Dakota Supreme Court · 1945

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