Emery v. First National Bank
North Dakota Supreme Court
Appeal from tbe District Court of Ward County, F. E. Fish, Special Judge. Action to set aside a deed to real estate and a bill of sale of personal property. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. Tbis is an action to set aside a deed to real estate and-a bill of sale of personal property executed by the plaintiff to the defendant, A. C. Wiper, the cashier of the defendant bank, the First National Bank of Bowbells.
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Appeal from tbe District Court of Ward County, F. E. Fish, Special Judge. Action to set aside a deed to real estate and a bill of sale of personal property. Judgment for defendant. Plaintiff appeals. Statement of facts by Bruce, J. Tbis is an action to set aside a deed to real estate and-a bill of sale of personal property executed by the plaintiff to the defendant, A. C. Wiper, the cashier of the defendant bank, the First National Bank of Bowbells. The reason given in the complaint is that “the plaintiff herein is .not strong physically, and, under the severe strain necessarily imposed by…
1Opinion of the CourtBruce, J.
(after stating the facts as above). According to the brief of appellant, his discussion is limited to the following points:
1. Had the trial court the right upon the record in this case to dis*583charge the jury and make the findings of fact and the order dismissing the action?
2. The insufficiency of the evidence to sustain the three vital findings ■of fact; namely, the second, fourth, and fifth.
3. The error of the court in refusing the plaintiff’s application to amend his complaint.
The first question that presents itself is whether an equitable action to set aside a deed, and in which a jury is…
2Cases cited12 opinions
- Perego v. DodgeSupreme Court of the United States · 1896
- Kohn v. McNultaSupreme Court of the United States · 1893
- Hogan v. LeeperSupreme Court of Oklahoma · 1913
- Bethany Hospital Co. v. PhilippiSupreme Court of Kansas · 1910
- Sanders v. SimcichCalifornia Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Zimmerman v. KitzanNorth Dakota Supreme Court · 1950
- Minneapolis Threshing Machine Co. v. HuncovskyNorth Dakota Supreme Court · 1923
- State ex rel. Olson v. Royal Indemnity Co.North Dakota Supreme Court · 1919
- Flamer v. JohnsonNorth Dakota Supreme Court · 1917
- Gran v. GranNorth Dakota Supreme Court · 1940