Legal Opinion

Mears v. Somers Land Co.

North Dakota Supreme Court

Decided June 1, 1909PublishedCited by 10 opinions

Appeal from District Court, Ward county; E. B. Goss, J. Action by E. Ashley Mears and others against the Somers Land Company and others. Judgment for plaintiffs, and defendants appeal. Where the statute requires an instrument to be subscribed, it means at the end thereof.

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Appeal from District Court, Ward county; E. B. Goss, J. Action by E. Ashley Mears and others against the Somers Land Company and others. Judgment for plaintiffs, and defendants appeal. Where the statute requires an instrument to be subscribed, it means at the end thereof. James v. Patten, 6 N. Y. 9-12; McGivern v. Fleming, 12 Daly 289; Davis v. Shields, 26 Wend. 241-351; Coon v. Rigden, 4 Colo. 275-282; Commonwealth v. Barheight, 6 Gray 113; Stone v. Marvel, 45 N. H. 481; Am. Surety Co. v. Warcester & Co., 100 Fed. 40; Lawson v. Dawson, 53 S. W. 64; In re Strong, 16 N. Y. Supp. 104; Miller v.…

1Opinion of the CourtFisk, J.

This is an action to quiet title to certain real property in Ward county. It is conceded that one Smith Wheeler -was the owner thereof on and prior to June 20, 1888. Plaintiffs trace their claim to title through mesne conveyances as follows: Quit-claim deed from Wheeler to Ashley E. Mears, Ashley E. Mears to E. Ashley and Margaret B. Mears by inheritance, and the latter parties quitclaimed to C. W. Brauer who in turn quitclaimed to his co-plaintiff, T. P. Kulaas, an undivided one-half interest therein. Defendant Somers Land Company claims title through a conveyance from one Russell, whose…

2Cases cited1 opinion

  1. Nash v. Northwest Land Co.North Dakota Supreme Court · 1906

3Cited by10 opinions

  1. Grandin v. GardinerNorth Dakota Supreme Court · 1954
  2. Snyder v. Waldorf Box Board Co.Supreme Court of Minnesota · 1910
  3. Justice v. SouderNorth Dakota Supreme Court · 1910
  4. West v. Middlesex Banking Co.South Dakota Supreme Court · 1914
  5. Hamm v. McKennyOregon Supreme Court · 1914

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