Wright v. Jones
North Dakota Supreme Court
Appeal by plaintiff from a judgment of the District Court for Grand Forks County, Templeton, J., in defendant’s favor in an action brought to recover possession of certain land and for an accounting of rents and profits. Presumption of death arises when it is proven that person has not, for seven years or more, been heard from at the place he left, by those who might reasonably be expected to hear from him. Greenl.
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Appeal by plaintiff from a judgment of the District Court for Grand Forks County, Templeton, J., in defendant’s favor in an action brought to recover possession of certain land and for an accounting of rents and profits. Presumption of death arises when it is proven that person has not, for seven years or more, been heard from at the place he left, by those who might reasonably be expected to hear from him. Greenl. Ev. § 41; Wigmore, Ev. §§ 2531, 2532; Jones, Ev. § 57; Lawson,- Presumptive Ev. rule 44, p. 264; Miller v. Sovereign Camp, W. W. 140 Wis. 505, 28 L.R.A.(N.S.) 178, 133 Am. St. Rep.…
1Opinion of the CourtBurke, J.
About the year 1882 one Margaret J. McGibbney, then unmarried, made homestead entry for a quarter section of land in Grand Forks county, North Dakota, and took up her residence thereon. Shortly thereafter she married one John Wright, by whom she bore two sons, Arthur W., plaintiff herein, and a younger son, whose first name we do not know. Arthur was born in 1884, and the younger son in February, 1887, at which time the mother died. The infant *194child was given away by its father to a mother who had lost her own child, a stranger to him, and so far as we can learn this child has never been…
2Cases cited14 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Power v. KitchingNorth Dakota Supreme Court · 1901
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
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3Cited by6 opinions
- Eklund v. Supreme Council of Royal ArcanumSupreme Court of Minnesota · 1922
- Egger v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1931
- Anderson v. RobertsNorth Dakota Supreme Court · 1941
- Rudulph v. BrownSupreme Court of Georgia · 1920
- New York Life Insurance v. HolckSupreme Court of Colorado · 1915
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