Johnson v. Wagner
North Dakota Supreme Court
Appeal from District Court of Cass County, A. T. Oole, J. “Fraud in the making’ and obtaining of tbe instrument upon which respondent founds his action in claim and delivery could have been shown as a defense under a general denial” (Vallency v. Hunt, 20 N. D. 579; note in 34 L.E.A. (N.S.) 473), and certainly could be proved under the allegations thereof in an affirmative defense and counterclaim as contained in appellant’s answer. Taylor v. Eice, 1 N. D. 72; Plano Mfg.
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Appeal from District Court of Cass County, A. T. Oole, J. “Fraud in the making’ and obtaining of tbe instrument upon which respondent founds his action in claim and delivery could have been shown as a defense under a general denial” (Vallency v. Hunt, 20 N. D. 579; note in 34 L.E.A. (N.S.) 473), and certainly could be proved under the allegations thereof in an affirmative defense and counterclaim as contained in appellant’s answer. Taylor v. Eice, 1 N. D. 72; Plano Mfg. Co. v. Daleu, 6 N. D. 330; Lane v. O’Toole, 8 N. D. 210; Arnett v. Smith, 11 N. D- 55; Sobolisk v. Jacobson, 6 N. D. 175;…
1Opinion of the Court
Bikdzell,- J.
This is an appeal from a judgment entered in the district court of Cass county in an action brought to recover personal property. The judgment awarded to the plaintiff the immediate possession of the- property and costs and disbursements amounting to $193.27, with interest on the same. The defendant and appellant, Wagner, was a farmer who had lived in the vicinity of Gardner, North Dakota, for a number of years. He was the owner of a quarter section ■of land and personal property used in connection with his farming operations. Ilis land was heavily mortgaged and a sheriff’s…
2Cited by3 opinions
- Huether v. BairdNorth Dakota Supreme Court · 1932
- State Bank v. NelsonNorth Dakota Supreme Court · 1922
- Aller v. BobbNorth Dakota Supreme Court · 1929