Bull v. Smith
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Nuessle, J. Defendants W. L. Smith and P. D. Smith appeal. If a plaintiff seeks to come into court upon inconsistent claims, he is required to elect upon which he will stand before proceeding to trial.
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Appeal from the District Court of Burleigh County, Nuessle, J. Defendants W. L. Smith and P. D. Smith appeal. If a plaintiff seeks to come into court upon inconsistent claims, he is required to elect upon which he will stand before proceeding to trial. Bliss, Code PI. 3d ed. § 164. An action which proceeds, on the theory that title to property remains in plaintiff is inconsistent with one which proceeds upon the theory that title has passed to the defendant. 15 Cyc. 257, and cases cited; Roney v. Halverson, 29 N. D. 13, 149 N. W. 688; Bank v. Young (Iowa) 140 N. W. 376; Anderson v. Chilson…
1Opinion of the Court
Christianson, Oh. J.
In October, 1909, the defendant J. G. Keenan purchased the premises involved in this action. As purchase price, Keenan and his wife gave their note for $570 secured by mortgage upon the premises, and assumed the then existing encumbrances, which consisted of two mortgages, — one for $1,000 and one for $150. The $150 mortgage was payable in five annual instalments of $30 each. On May 6, 1910, the defendant Keenan sold the premises to the defendant W. L. Smith, for the alleged consideration, as expressed in the deed, “of 1 and other valuable consideration.” ■ It is…
2Cases cited6 opinions
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Sletten v. First National BankNorth Dakota Supreme Court · 1917
- Stevens v. ChurchSupreme Court of Connecticut · 1874
- Morrison v. MorrisonSupreme Court of Iowa · 1874
- Hardin v. ClarkSupreme Court of South Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bull v. SmithNorth Dakota Supreme Court · 1922
- Dern v. HitshewWyoming Supreme Court · 1932