Shane v. Peoples
North Dakota Supreme Court
Appeal from tbe District Court for Wells County, Burles, J. Action in equity to quiet title to real property and have declared void an administrator’s sale thereof, alleged to have been fraudulently procured. From an order sustaining a demurrer to the complaint and directing the entry of judgment for defendant, plaintiffs appeal. This is an appeal from an order sustaining a demurrer to a complaint and from a judgment dismissing an action.
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Appeal from tbe District Court for Wells County, Burles, J. Action in equity to quiet title to real property and have declared void an administrator’s sale thereof, alleged to have been fraudulently procured. From an order sustaining a demurrer to the complaint and directing the entry of judgment for defendant, plaintiffs appeal. This is an appeal from an order sustaining a demurrer to a complaint and from a judgment dismissing an action. The demurrer not only attacks the complaint for lack of equity, but insists that the district court has no jurisdiction of the subject-matter. The action is…
1Opinion of the CourtBruce, J.
(after stating the facts as above). There is obviously no merit in the contention of defendant and respondent that the demurrer was properly sustained because the action was barred by the statute of limitations. The running of the statute of limitations cannot be raised by demurrer, even though the fact is apparent upon the face of the complaint. Rev. Codes 1905, § 6770.
The complaint, however, is clearly vulnerable to the objection that it is lacking in equity. The law seems to be quite well established that the presumption is strongly in favor of the validity of sales of the nature of that…
2Cases cited34 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
- Satcher v. Satcher's Adm'rSupreme Court of Alabama · 1867
- Ewing v. MallisonSupreme Court of Kansas · 1902
29 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rasmusson v. SchmalenbergerNorth Dakota Supreme Court · 1931
- Knight v. HarrisonNorth Dakota Supreme Court · 1919
- Baird v. City of WillistonNorth Dakota Supreme Court · 1929
- Hagen v. AltmanNorth Dakota Supreme Court · 1956
- Brand v. BrandNorth Dakota Supreme Court · 1954
8 more not listed; retrieve them via the Exa API.