Gjerstadengen v. Hartzell
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by Martin Peterson Gjerstadengen, Peter Peterson Sandvig, and Charles O. Peterson against "'Afilliam J. Hartzell for the partition of a quarter section of land in Ransom county, or for a sale of the property and division of the proceeds. The plaintiff' moved to strike out certain portions of the defendant’s answer as sham. Motion granted, and defendant appealed from the order striking out portions of his answer.
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Appeal from District Court, Ransom County; Lauder, J. Action by Martin Peterson Gjerstadengen, Peter Peterson Sandvig, and Charles O. Peterson against "'Afilliam J. Hartzell for the partition of a quarter section of land in Ransom county, or for a sale of the property and division of the proceeds. The plaintiff' moved to strike out certain portions of the defendant’s answer as sham. Motion granted, and defendant appealed from the order striking out portions of his answer. The action of Gjerstadengen against Van Duzen & Co. was pending until its final determination on appeal on the second day…
1Opinion of the CourtYoung, J.
This action has for its purpose the partitioning of a certain tract of real estate situated in Ransom county, the title.to which was directly involved in a former adjudication of the District Court of that county in a case entitled Gjerstadengen v. Van Duzen; the judgment of that court having been affirmed by this Court upon appeal, and reported in 7 N. D. 612, 76 N. W. Rep. 233. Five of the plaintiffs in the former action appear to have since*conveyed their interests in the land in. question, by deeds, to one of the plaintiffs in -the present- action. The plaintiffs in this action claim to…
2Cases cited9 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Mulcahy v. BuckleyCalifornia Supreme Court · 1893
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
- Samuel Cupples Wooden Ware Co. v. JensenSupreme Court Of The Territory Of Dakota · 1886
- St. Paul F. & M. Ins. v. HansonSupreme Court Of The Territory Of Dakota · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1900
- Hermes v. MarkhamNorth Dakota Supreme Court · 1951
- Pacific Mill Co. v. InmanOregon Supreme Court · 1907
- Christofferson v. WeeNorth Dakota Supreme Court · 1913
- Kline v. HarrisNorth Dakota Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.