Legal Opinion

Sylvester v. Mackey

North Dakota Supreme Court

Decided June 27, 1921PublishedCited by 2 opinions

Erom a judgment of the District Court of Dunn county, Crawford, J., plaintiffs appeal. The purpose of the action of claim and delivery is to determine the right to possession of the property at the time of commencement of the action.

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Erom a judgment of the District Court of Dunn county, Crawford, J., plaintiffs appeal. The purpose of the action of claim and delivery is to determine the right to possession of the property at the time of commencement of the action. Kimmett v. Deitrich, 22 S. D. 590; Eldridge v. Sherman, (Mich.) 38 N. W. 255; Aber v. Bratton, (Mich.) 27 N. W. 564; Peterson v. Bodwick, (Neb.) 62 N. W. 1100; Caste v. Murray, (Oregon) 81 Pac. 883; Carr v. King et al., (Iowa) 169 N. W. 133. “A defect in title to land conveyed by warranty deed will not defeat the vendor’s right to recover the purchase price,…

1Opinion of the CourtChristianson, J.

This is an action in claim and delivery. Plaintiffs seek to recover the possession of certain flax, or the value thereof in event delivery cannot be had. The trial court directed a verdict in favor of the defendant for a dismissal of the action, and plaintiffs have appealed from the judgment entered upon thei verdict. The material facts are as follows:

On March 15, 1917, the plaintiffs entered into a written contract with one Ambrose Mackey, the defendant’s intestate, wherein and whereby they agreed to sell to said Mackey, and he agreed to buy from the plaintiffs, a certain 160-acre tract of…

2Cases cited2 opinions

  1. State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
  2. Geo. B. Clifford & Co. v. HenryNorth Dakota Supreme Court · 1918

3Cited by2 opinions

  1. Petters v. Charlson EstateNorth Dakota Supreme Court · 1939
  2. Langer v. NultemeierNorth Dakota Supreme Court · 1926

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