Druey v. Baldwin
North Dakota Supreme Court
Appeal from a judgment of tbe District Court of Ward County, Leighton, J., quieting title in tbe interveners. “Neither party shall be allowed to testify against tbe other as to any transactions whatever with or statements by the testator or intestate, unless called to testify thereto by the opposite party.” Comp. Laws 1913, § 7871, subd. 2; Wall v. Wall, 45 L.K.A.(N.S.) 583, note.
Read the full summary
Appeal from a judgment of tbe District Court of Ward County, Leighton, J., quieting title in tbe interveners. “Neither party shall be allowed to testify against tbe other as to any transactions whatever with or statements by the testator or intestate, unless called to testify thereto by the opposite party.” Comp. Laws 1913, § 7871, subd. 2; Wall v. Wall, 45 L.K.A.(N.S.) 583, note. “The admissions of a person in disparagement of his title, but not in contradiction of a record title, are competent against those claiming under or through him, so far as there is identity of interest.” Stewart v.…
1Opinion of the CourtBronson, J.
This is an action to secure the delivery of a deed and to determine adverse claims to certain real estate situated in the city of Minot. From the findings made and the judgment rendered by the trial court quieting title in such realty in the interveners and respondents herein, the plaintiff appeals, and demands a trial de novo.
The substantial undisputed facts are as follows: Margaret Druey died during the month of December, 1916. She was the mother of the interveners and John Druey, the original defendant herein. The plaintiff is the wife of John Druey. By the last will and testament *477•of tbe…
2Cases cited18 opinions
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Pederson v. ChristoffersonSupreme Court of Minnesota · 1906
- McDonald v. HarrisSupreme Court of Alabama · 1901
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Magoffin v. Watros ex rel. BrouillardNorth Dakota Supreme Court · 1920
- Frink v. TaylorNorth Dakota Supreme Court · 1930
- Mowry v. Gold Stabeck Co.North Dakota Supreme Court · 1922
- First National Bank of Glasgow v. CarrollNorth Dakota Supreme Court · 1920
- Perry v. ErdeltNorth Dakota Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.