Nelson v. Thompson
North Dakota Supreme Court
Appeal from District Court, Grand Forks -county; Fisk, J. Action by Torber Nelson and others against Julia Thompson. From a judgment for plaintiffs, defendant appeals. One who knowingly, though passively, suffers another to purchase and expend money on land, without disclosing his claim, cannot exercise his legal right against such person. Kirk v. Hamilton, 102 U. S. 68, 26 .L. Ed. 79; Town v. Needham, 25 Am. Dec. 246; Starrs v. Barker, 10 Am.
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Appeal from District Court, Grand Forks -county; Fisk, J. Action by Torber Nelson and others against Julia Thompson. From a judgment for plaintiffs, defendant appeals. One who knowingly, though passively, suffers another to purchase and expend money on land, without disclosing his claim, cannot exercise his legal right against such person. Kirk v. Hamilton, 102 U. S. 68, 26 .L. Ed. 79; Town v. Needham, 25 Am. Dec. 246; Starrs v. Barker, 10 Am. Dec. 316; Brown v. Bowen; 30 N. Y. 519; Brown v. Bowen, 86 Am. Dec. 406; Anderson v. Hubbell, 47 A. R. 394; Fletcher v. Flolmes, 25 Ind. 458; Blair v.…
1Opinion of the Court
Pollock, District Judge.
This action was instituted under the statute to quiet title of the plaintiffs to the N. W. of section 17, tp. 149 N., range 49 W., of the Fifth P. M. The action was tried by the court, and an appeal taken under section 7229, Rev. Codes 1905, and is before this court for a trial de novo.
*299Certain facts are undisputed. It is conceded that one Kittel Olson was, prior to the 19th day of December, 1881, the owner in fee of the land in question, and that he died on or about- the 3d day of August, 1903, leaving surviving him as his sole heirs at law the five plaintiffs, all of…
Also in this document: Concurrence.
2Cases cited3 opinions
- People v. SanfordCalifornia Supreme Court · 1872
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Nelson v. ThompsonNorth Dakota Supreme Court · 1907
3Cited by11 opinions
- Hoffer v. BurdNorth Dakota Supreme Court · 1951
- Johnson v. JohnsonNorth Dakota Supreme Court · 1957
- Hendricks v. PorterNorth Dakota Supreme Court · 1961
- Lee v. LeeNorth Dakota Supreme Court · 1940
- Nordby v. SagenNorth Dakota Supreme Court · 1934
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