Randall v. Johnstone
North Dakota Supreme Court
Appealed from tbe District Court for Billings County, Nuchols, J. Nothing except errors appearing on the judgment roll can be reviewed in the Supreme Court, without a proper statement of the case specifying facts for review. Brandenburg v. Phillips, 18 N. D. 200, 119 N. W. 542; Farmers’ & M. Nat. Bank v. Davis, 8 N. D. 83, 79 N. W. 998; Ricks v. Bergsvendsen, 8 N. D. 578, 80 N. W. 768. Action may be brought in name of grantor, for the benefit of the real parties in interest.
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Appealed from tbe District Court for Billings County, Nuchols, J. Nothing except errors appearing on the judgment roll can be reviewed in the Supreme Court, without a proper statement of the case specifying facts for review. Brandenburg v. Phillips, 18 N. D. 200, 119 N. W. 542; Farmers’ & M. Nat. Bank v. Davis, 8 N. D. 83, 79 N. W. 998; Ricks v. Bergsvendsen, 8 N. D. 578, 80 N. W. 768. Action may be brought in name of grantor, for the benefit of the real parties in interest. Galbraith v. Payne, 12 N. D. 173, 96 N. ,W. 258. Causes of action can only be joined when all the causes are common to…
1Opinion of the CourtBurke, J.
In the year 1906 the Golden Valley Land & Cattle Company were the owners of section 11, twp. 138, r. 105, and in that year entered into a contract to sell said land to the defendant Johnstone. This contract was soon mutually rescinded, but Johnstone thereafter decided to stand upon his contract, and took possession of the said-land. Thereafter and while he was in such possession, the Golden Valley Land & Cattle Company sold one quarter of said section to the plaintiff Randall, and another quarter section to a man named Christ. Christ and Randall brought separate actions against the defendant…
2Cases cited1 opinion
- Christ v. JohnstoneNorth Dakota Supreme Court · 1913
3Cited by1 opinion
- Schmidt v. JohnstoneNorth Dakota Supreme Court · 1915