Legal Opinion

Wadge v. Kittleson

North Dakota Supreme Court

Decided November 30, 1903PublishedCited by 32 opinions

Appeal from District Court, Walsh county) Kneeshaw, J. Action by Thomas Wadge against Annond Kittleson. Judgment for plaintiff. Defendant appeals.

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Appeal from District Court, Walsh county) Kneeshaw, J. Action by Thomas Wadge against Annond Kittleson. Judgment for plaintiff. Defendant appeals. The assignment of the contract of the land in question by the defendant to McEwen & Dougherty was for security only; for the indebtedness due from him to them, and the subsequent assignment of said contract by McEwen & Dougherty to Wadge, simply transferred the security interest of McEwen & Dougherty to Wadge and created no other estate in him; and the defendant having never transferred his interest in said contract or the land described therein to…

1Opinion of the CourtMorgan, J.

The controversy m this case arises over the ownership and the right to the use and possession of the southwest quarter of section 24, township 157, range 58, in Walsh county, N. D. The plaintiff claims in his complaint to be the absolute,,pwner thereof, and asks to have the title quieted in himself, and defendant’s interference with his possession permanently enjoined. Defendant claims, in his answer, to be the equitable owner of said lands, and claims that he has been in the continuous possession thereof since 1897; that he purchased said land from the Security Improvement Company, of Grand…

2Cases cited15 opinions

  1. Jasper v. HazenNorth Dakota Supreme Court · 1894
  2. Rowell v. KleinIndiana Supreme Court · 1873
  3. Carlisle v. KillebrewSupreme Court of Alabama · 1889
  4. McGuin v. LeeNorth Dakota Supreme Court · 1901
  5. Nearing v. CoopNorth Dakota Supreme Court · 1897

10 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
  2. Gunsch v. GunschNorth Dakota Supreme Court · 1954
  3. Farmers State Bank v. SlaubaughNorth Dakota Supreme Court · 1985
  4. State v. BrakkeNorth Dakota Supreme Court · 1991
  5. Raasch v. GouletNorth Dakota Supreme Court · 1929

27 more not listed; retrieve them via the Exa API.

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