Blessett v. Turcotte
North Dakota Supreme Court
Appeal from District Court, Towner county; John F. Cowan, J. Action by Robert Blessett and R. Percy Abbey against E. L. Tur-' cotte. Judgment for plaintiffs, and defendants appeal. Defendant has title by statute of limitations. Nash v. Northwest Land Co. 15 N. D. 566, 108 N. W. 792; Rogers v. Benton, 39 Minn. 39, 12 Am. St. Rep. 613, 38 N. W. 765; Russell v. H. C. Akeley Lumber Co. 45 Minn. 376, 48 N. W. 3. Tax paid by mortgagee cannot afford ground for adverse possession.
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Appeal from District Court, Towner county; John F. Cowan, J. Action by Robert Blessett and R. Percy Abbey against E. L. Tur-' cotte. Judgment for plaintiffs, and defendants appeal. Defendant has title by statute of limitations. Nash v. Northwest Land Co. 15 N. D. 566, 108 N. W. 792; Rogers v. Benton, 39 Minn. 39, 12 Am. St. Rep. 613, 38 N. W. 765; Russell v. H. C. Akeley Lumber Co. 45 Minn. 376, 48 N. W. 3. Tax paid by mortgagee cannot afford ground for adverse possession. Einlayson v. Peterson, 11 N. D. 53, 89 N. W. 855. Tax deed when its recitals show a void sale is void on its face. Youker…
1DissentEllsworth, J.
My dissent to the foregoing opinion is directed not so much against the conclusions reached by a majority of my associates upon the facts considered by them, as it is to the insufficiency of the record produced here by appellant to warrant the reversal of the judgment of the district court.
In its application to the law of appeal, the principle is elementary, and has for years been so recognized in the practice of this court that the party alleging reversible error in the judgment of a district court has upon him the burden of producing before this court a record of which this court is…
2Cases cited3 opinions
- Thuet v. StrongNorth Dakota Supreme Court · 1898
- Folsom v. NortonNorth Dakota Supreme Court · 1910
- McLaughlin v. ThompsonNorth Dakota Supreme Court · 1909