Morgan v. Jenson
North Dakota Supreme Court
Appeal from judgment of District Court of Cass County. Honorable A. T. Cole, Judge. Trial de novo demanded by defendant and appellant. “When it shall appear that there has been actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied and no other shall be deemed to have been held adversely.” Comp.
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Appeal from judgment of District Court of Cass County. Honorable A. T. Cole, Judge. Trial de novo demanded by defendant and appellant. “When it shall appear that there has been actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied and no other shall be deemed to have been held adversely.” Comp. Laws 1913, §§ 7362, 7368, 7369. If there is a privity between successive occupants holding adversely to the true title continuously, the successive period of…
1Opinion of the CourtGrace, J.
This is an action to determine adverse_ claims to certain real property. A statement of the material facts will present the issue to be determined.
Plaintiff claims ownership and title to all of lot 19 in block 3, of Keeney & Devitt’s addition to Fargo. The defendant claims title to all of lot 18, in the same block, which adjoins lot 19 on the north. He also claims title and ownership to the north 18-|- inches extending east and west, the entire length of lot 19, and this, on the theory that ho and his predecessors have continued to occupy, adversely to plaintiff, this tract, for more than…
Also in this document: Concurrence.
2Cases cited4 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Messer v. Hibernia Sav. Etc. SocietyCalifornia Supreme Court · 1906
- Wilhelm v. HerronMichigan Supreme Court · 1920
- Cavil v. WalkerCourt of Appeals of Texas · 1894
3Cited by8 opinions
- Woodland v. WoodlandNorth Dakota Supreme Court · 1966
- Bilby v. WireNorth Dakota Supreme Court · 1956
- Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
- Ellison v. StrandbackNorth Dakota Supreme Court · 1953
- James v. GriffinNorth Dakota Supreme Court · 2001
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