Fenton ex rel. Whittemore v. Minnesota Title Insurance & Trust Co.
North Dakota Supreme Court
Appeal from District Court, Ransom county; Allen, J. Action by Lizzie Fenton and others against the Minnesota Title Insurance & Trust Company and others. Judgment for defendants, and plaintiffs appeal. The statute, chapter 5, Laws of 1901, for the determination of adverse claims to real property does not secure to an unknown owner of real estate due process of law, and is unconstitutional, the notice not being reasonable and adequate for the purpose.
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Appeal from District Court, Ransom county; Allen, J. Action by Lizzie Fenton and others against the Minnesota Title Insurance & Trust Company and others. Judgment for defendants, and plaintiffs appeal. The statute, chapter 5, Laws of 1901, for the determination of adverse claims to real property does not secure to an unknown owner of real estate due process of law, and is unconstitutional, the notice not being reasonable and adequate for the purpose. Roller v. Holley, 176 U. S. 398; Pennoyer v. Neff, 95 U. S. 714, 24 L. Ed. 565. In actions in rem courts may prescribe the form of bringing in…
1Opinion of the CourtEngerud, J.
On February 3, 1902, the respondent, Minnesota Title Insurance & Trust Company, as trustee for Fidelity Investment Company, procured the entry by the district court of Ran*367som county of a judgment purporting to quiet its alleged title to the quarter section of land now in controversy. The action in which that judgment was entered was one to determine adverse claims under section 5904 et seq., Rev. Codes 1899, as amended by chapter 5, p. 9, Laws 1901, commenced by said respondent against 92 known defendants and “all other persons unknown, claiming any estate or interest in, or lien or…
2Cases cited7 opinions
- Roller v. HollySupreme Court of the United States · 1900
- Adams v. CowlesSupreme Court of Missouri · 1888
- Bardwell v. CollinsSupreme Court of Minnesota · 1890
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- Shepherd v. WareSupreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cantor v. SachsCourt of Chancery of Delaware · 1932
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
- Larson v. PeppardMontana Supreme Court · 1909
- Hughes v. Fargo Loan AgencyNorth Dakota Supreme Court · 1920
- Newcomb v. City of Newport BeachCalifornia Supreme Court · 1938
4 more not listed; retrieve them via the Exa API.