Conrad v. Adler
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Action by W. S. Conrad and Libbie Roll against Mina Adler and Charles Adler. Judgment for defendants, and plaintiffs appeal. At common law plaintiff -had to allege and prove possession and ownership of fee to maintain suit to determine adverse claim; but statutes have enlarged the remedy of quieting title both as to plaintiffs and. defendants.
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Appeal from District Court, Nelson county; Fisk, J. Action by W. S. Conrad and Libbie Roll against Mina Adler and Charles Adler. Judgment for defendants, and plaintiffs appeal. At common law plaintiff -had to allege and prove possession and ownership of fee to maintain suit to determine adverse claim; but statutes have enlarged the remedy of quieting title both as to plaintiffs and. defendants. Holland v. Challen, 110 U. S. 15, 28 L. Ed. 52; Wehrman v. Conklin, 155 U. S. 314, 15 Sup. -Ct. Rep. 129; O’Hara v. Parker, 39 Pac. 1004. A legal title is unnecessary in many states. Force v. Stubbs,…
1Opinion of the Court
Glaspele, District Judge.
This action was brought to recover possession of lots 7, 8, 9, and 10, in block 19, village of Lakota, Nelson county , N. D., and damages for the withholding thereof. The complaint alleges that under a pretended tax deed the defendants took possession of the premises, and have ever since wrongfully withheld and detained the same. During such unlawful possession by defendants, the plaintiff Roll sold and conveyed by quitclaim deed her interest in said premises to plaintiff Conrad, and this suit is maintained by both said plaintiffs for the use and benefit of the…
2Cases cited5 opinions
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
- Walton v. PerkinsSupreme Court of Minnesota · 1881
- Schneller v. PlankintonNorth Dakota Supreme Court · 1904
- City of San Francisco v. EllisCalifornia Supreme Court · 1879
- American Mortgage Co. v. Mouse River Live Stock Co.North Dakota Supreme Court · 1901
3Cited by10 opinions
- Shuck Ex Rel. Shuck v. ShuckNorth Dakota Supreme Court · 1950
- Nord v. NordNorth Dakota Supreme Court · 1938
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Brown v. ComonowNorth Dakota Supreme Court · 1908
- State v. RosenquistNorth Dakota Supreme Court · 1952
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