Dieter v. Fraine
North Dakota Supreme Court
Appeal from District Court, Walsh county; Honorable W. J. Kneeshawj J. Action by plaintiff to determine adverse claims to real property. From a decree in favor of defendant, 'plaintiff appeals. Execution sale of homestead passes no title. Johnson v. Twichell, 13 N. D. 426, 101 N. W. 318; N. D. Eev.
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Appeal from District Court, Walsh county; Honorable W. J. Kneeshawj J. Action by plaintiff to determine adverse claims to real property. From a decree in favor of defendant, 'plaintiff appeals. Execution sale of homestead passes no title. Johnson v. Twichell, 13 N. D. 426, 101 N. W. 318; N. D. Eev. Codes 1905, § 5049; 2 Freeman, Executions, ¶ 315; Thompson, Homestead & Exemption, 625; Kingman v. O’Callaghan, 4 S. D. 628, 57 N. W. 912. In the absence of statutory or constitutional provisions, selection is unnecessary; occupancy is enough. Cook v. McChristian, 4 Cal. 26; Eiggs v. Sterling, 60…
1Opinion of the CourtEllsworth, J.
The action out of which this appeal arises was brought by appellant to determine adverse claims to real property. The particular purpose of the action, as alleged in the complaint, is to set aside as null and void a sale upon execution, made at the instance of respondent, of two lots in the city of Grafton, and a sheriff’s ■certificate of sale of the premises issued to respondent as purchaser, on March 18, 190Y.
The record here consists only of the judgment roll. The evidence and exhibits offered were not brought up, and are not before us. The facts necessary to the determination of the appeal…
2Cases cited14 opinions
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Engholm v. EkremNorth Dakota Supreme Court · 1908
- Helgebye v. DammenNorth Dakota Supreme Court · 1904
- Longley v. DalySouth Dakota Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Seablom v. SeablomNorth Dakota Supreme Court · 1984
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Larson v. ColeNorth Dakota Supreme Court · 1948
- Farm Credit Bank of St. Paul v. BrakkeNorth Dakota Supreme Court · 1992
- Farm Credit Bank of St. Paul v. StedmanNorth Dakota Supreme Court · 1989
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