Plott v. Kittelson

BuRKb, Ch. J.

This is an action to determine adverse claims to lot nine, block twenty-three in the town of Galesburg, North Dakota, and the northeast quarter of section 19, township 143, range 53 in Cass county, North Dakota. The plaintiffs claim that said lands were conveyed to their mother for life, with the remainder over to them at the expiration of the life estate in their mother.

The defendant, John Kittelson; denies that it was a deed of conveyance, and claims that it was at most only an executory contract, that it was never operative, never delivered, and the defendant, John Larson…