Dalrymple v. Security Loan & Trust Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Lauder, J., presiding by request. Action by Franklyn S. Dalrymple and others against the Security Loan & Trust Company of Casselton and others. Judgment for plaintiffs. Defendants appeal. The object of an action to remove a cloud upon title, and to quiet the possession of real estate, is to protect the owner of the legal title from being disturbed in his possession or title.
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Appeal from District Court, Cass County; Lauder, J., presiding by request. Action by Franklyn S. Dalrymple and others against the Security Loan & Trust Company of Casselton and others. Judgment for plaintiffs. Defendants appeal. The object of an action to remove a cloud upon title, and to quiet the possession of real estate, is to protect the owner of the legal title from being disturbed in his possession or title. Hence, title in the plaintiff is of the essence of the right to relief, and plaintiff must prevail, if at all, upon the strength of his own title. If plaintiff has no title, he…
1Opinion of the CourtWali.in, J.
The complaint in this action, after stating that said defendants the Security Loan & Trust Company and the Cass County Bank are corporations, alleges the following facts in substance: That in the month of March, 1883, one Isabella C. Dalrymple and said Oliver C. Dalrymple were husband and wife. That at said date said Isabella C. Dalrymple became and was the owner of lots numbered, respectively, 3 and 4 of block 20 in the town (now city) of Casselton, in Cass county, N. D. That said premises at that time, and continuously thereafter and until the death of said Isabella C. Dalrymple, were…
2Cases cited9 opinions
- Frost v. SpitleySupreme Court of the United States · 1887
- Dick v. ForakerSupreme Court of the United States · 1894
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Kitts v. AustinCalifornia Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dalrymple v. Security Improvement Co.North Dakota Supreme Court · 1902
- McGuigan v. HeuerNorth Dakota Supreme Court · 1936
- First National Bank v. MensingNorth Dakota Supreme Court · 1920
- Bernauer v. McCaull-Webster Elevator Co.North Dakota Supreme Court · 1919
- Kernkamp v. SchulzNorth Dakota Supreme Court · 1919
16 more not listed; retrieve them via the Exa API.