Johnson v. Erlandson
North Dakota Supreme Court
Appeal from District Count, McLean county; Winchester, J. Action by Ann Johns-on against Nel-s V. Erlandson. Judgment for defendant, and pl-aintiff appeals. Where one of two innocent persons must suffer, he whose negligence caused1 the loss must bear it. Blight v. Schenck, 10 Pa. St. 293; Noble v. Moisés, 74 Ala. 604; Hill v. Howe, 6 Mackey, 428; McLellan-d v. Bartlett, 13 111. App. 236; Her.tell v. Bogart, 9 Paige, 52; Wilson v. Scott, 13 .Ky.
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Appeal from District Count, McLean county; Winchester, J. Action by Ann Johns-on against Nel-s V. Erlandson. Judgment for defendant, and pl-aintiff appeals. Where one of two innocent persons must suffer, he whose negligence caused1 the loss must bear it. Blight v. Schenck, 10 Pa. St. 293; Noble v. Moisés, 74 Ala. 604; Hill v. Howe, 6 Mackey, 428; McLellan-d v. Bartlett, 13 111. App. 236; Her.tell v. Bogart, 9 Paige, 52; Wilson v. Scott, 13 .Ky. Law Rep. 926; McDermott v. Barnum, 19 Mo. 204; Levy v. Cox, 22 Fla. 546, Id. 580; McNeal v. Jordon, 28 Kan. 7; Lawrence et al. v. Guaranty Investment…
1Opinion of the CourtEngerud, J.
The plaintiff brought this action to quiet title to 320 acres of land situated in McLean county. On and prior to April, 1892, the land was owned by one Emanuel Hogenson. On *520the date last named Hogenson and wife conveyed it to Neis V. Erlandson by a deed of warranty, which has never been placed of record. On May 17, 1892, Erlandson and wife executed a deed to one Milton P. Baker and left the same in the possession of one Anders E. Anderson, to be delivered in case Erlandson approved of certain California property which Baker proposed to give him in exchange for the land in question. The…
2Cases cited3 opinions
- Quick v. MilliganIndiana Supreme Court · 1886
- Mays v. ShieldsSupreme Court of Georgia · 1903
- Connell v. ConnellWest Virginia Supreme Court · 1889
3Cited by14 opinions
- Daly v. RizzuttoWashington Supreme Court · 1910
- Jennings v. LentzOregon Supreme Court · 1908
- Allen v. PowellIndiana Court of Appeals · 1917
- Cotton v. HortonNorth Dakota Supreme Court · 1911
- Higbee v. DaeleyNorth Dakota Supreme Court · 1906
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