Betts v. Signor
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by N. N. Betts against Sophia Signor. From an order sustaining plaintiff’s demurrer to defendant’s counterclaim, defendant appeals.
1Opinion of the CourtCorliss, C. J.
This case is governed by the decision of the court in Power v. Bowdle, 3 N. D. 107, 54 N. W. Rep. 404. The action was brought to quiet title under section 5904, Revised Codes, (formerly section 5449, Compiled Laws.) The defendant, by way of counterclaim, set forth in his answer his own ownership of the property, and prayed that his own title might be quieted. The pleading therefore discloses a counterclaim calling for a reply. We so held in the case just cited. It follows that the District Court erred in sustaining the demurrer to such counterclaim.
The order, sustaining the demurrer is…
2Cases cited1 opinion
- Power v. BowdleNorth Dakota Supreme Court · 1893
3Cited by10 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Robertson v. BrownNorth Dakota Supreme Court · 1947
- Company A, First Regiment National Guard Training School v. StateNorth Dakota Supreme Court · 1929
- Hillsboro National Bank v. HydeNorth Dakota Supreme Court · 1898
- Wright v. JonesNorth Dakota Supreme Court · 1912
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