Grandin v. Emmons
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by E. B. Grandin against Gunder G. Emmons and others. Judgment for defendants, and plaintiff appeals. It was not' necessary in the absence of fraud to read over the instrument to Mrs. Emmons where she signed by mark. Krans v. Srein, 33 At. Rep. 1031. The mortgage was duly acknowledged, and this alone entitled it to be received in evidence. § 5696, Rev. Codes; Anglo-American Mtg. Co., 51 Pac.
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Appeal from District Court, Traill County; Pollock, J. Action by E. B. Grandin against Gunder G. Emmons and others. Judgment for defendants, and plaintiff appeals. It was not' necessary in the absence of fraud to read over the instrument to Mrs. Emmons where she signed by mark. Krans v. Srein, 33 At. Rep. 1031. The mortgage was duly acknowledged, and this alone entitled it to be received in evidence. § 5696, Rev. Codes; Anglo-American Mtg. Co., 51 Pac. Rep. 913; Wilkins v. Moore, 20 Kan. 538; Webb v. Holt, 81 N. W. Rep, 637; Cameron v. Calkins, 44 Mich. 531; Webb, on Record of Title, 65.…
1Opinion of the CourtYoung, J.
Action to recover the possession of.real estate and to quiet and confirm the title thereto. The real estate in controversy comprises 160 acres, situated in Traill county. The defendants are in possession under a claim of title. Plaintiff alleges that he is the owner of said land, and that defendants have no right, title, or interest therein. The case was tried to the court without a. jury. No evidence was offered by the defendants. At the close of plaintiff’s testimony, at the request of defendants’ counsel and on his motion, findings of fact and conclusions of law were made adverse to…
2Cases cited21 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Wilkins v. McGeheeSupreme Court of Georgia · 1891
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
- Berry ex rel. Roberts v. SkinnerCourt of Appeals of Maryland · 1869
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3Cited by8 opinions
- Cervitor Kitchens, Inc. v. ChapmanWashington Supreme Court · 1973
- Cotton v. HortonNorth Dakota Supreme Court · 1911
- Cervitor Kitchens, Inc. v. ChapmanCourt of Appeals of Washington · 1972
- Brown v. SkotlandNorth Dakota Supreme Court · 1903
- Myakka Co. v. EdwardsSupreme Court of Florida · 1914
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