Legal Opinion

Noble v. McIntosh

North Dakota Supreme Court

Decided February 14, 1912PublishedCited by 3 opinions

Appeal by plaintiff from a judgment of the District Court for Bottineau. County; A. Cf. Burr, J., in defendants’ favor in a suit for the cancelation of tax certificates and to enjoin issue of deeds.

1Opinion of the CourtEisk, J.

This is an appeal from an order of the district, court of Bottineau county sustaining a demurrer to the complaint upon the ground that such complaint fails to allege facts sufficient to-constitute a cause of action.

Omitting formal parts the complaint is as follows:(1) That the plaintiff herein Y. B. Noble is the duly appointed, qualified, and acting administrator of the estate of D. McBrayen, deceased, and that-the plaintiff Lizzie McBrayen is the only heir and *60person entitled to inherit the whole of the real estate of D. McBrayen, deceased, involved in this action.(2) That the defendant J.…

2Cases cited5 opinions

  1. Everett v. BeebeSupreme Court of Iowa · 1873
  2. Powers v. First National BankNorth Dakota Supreme Court · 1906
  3. Besore v. DoshSupreme Court of Iowa · 1876
  4. Youker v. HobartNorth Dakota Supreme Court · 1908
  5. Nichols v. RussellMissouri Court of Appeals · 1909

3Cited by3 opinions

  1. Hackney v. ElliottNorth Dakota Supreme Court · 1912
  2. Tee v. NobleNorth Dakota Supreme Court · 1912
  3. Farmers Security Bank of Park River v. MartinNorth Dakota Supreme Court · 1915

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