Fifer v. Fifer
North Dakota Supreme Court
Appeal from District Court; Ramsey county; Cowen, J. Action by George W. Fifer against William J. Fifer. From a judgment for plaintiff, defendant appeals. Title is a legitimate defense in an action of forcible entry and detainer in this state.
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Appeal from District Court; Ramsey county; Cowen, J. Action by George W. Fifer against William J. Fifer. From a judgment for plaintiff, defendant appeals. Title is a legitimate defense in an action of forcible entry and detainer in this state. Murry v. Burris et al., 6 Dak. 170, 42 N. W. 25; section 6677, Rev. Codes 1899, subdiv. 1. As a general rule the defendant cannot plead title in himself or in third persons to defeat the right to recover on a basis of prior actual possession, except in a few slates where provision is made for transferring the cause to a court competent to try title. 9…
1Opinion of the CourtYoung, C. J.
The parties to1 this action are brothers. The action affects the right of possession and title of 320 acres of land situated in Ramsey county. The defendant purchased the land on the 24th day of June, 1899, from one Lemuel Berry, upon contract, and entered into possession thereunder, and continued in such possession until the spring of 1901, when plaintiff went into possession. On June 6, 1901, the defendant executed an assignment of his contract to the plaintiff. On the 24th day of February, 1902, thereafter, the defendant, claiming that the assignment to plaintiff was for security only, and…
2Cases cited9 opinions
- Broughel v. Southern New England Telephone Co.Supreme Court of Connecticut · 1900
- Marshall v. AndrewsNorth Dakota Supreme Court · 1899
- Graves v. . BarrettSupreme Court of North Carolina · 1900
- Harper v. MorseSupreme Court of Missouri · 1893
- Murry v. BurrisSupreme Court Of The Territory Of Dakota · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966
- Stevens v. MeyersNorth Dakota Supreme Court · 1905
- Lundquist v. First National BankSouth Dakota Supreme Court · 1937
- City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966