Legal Opinion

Hulet v. Northern Pacific Railway Co.

North Dakota Supreme Court

Decided May 10, 1905PublishedCited by 5 opinions

Appeal from District Court, Ransom county: W. S...Lauder, J. . Action by Emma- V. Hulet against Amos A. Gates. Judgment for plaintiff. Defendant appeals. An intention to give is essential to the validity of the gift., but it is only one of the requisites to vest title to the thing given in the donee.

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Appeal from District Court, Ransom county: W. S...Lauder, J. . Action by Emma- V. Hulet against Amos A. Gates. Judgment for plaintiff. Defendant appeals. An intention to give is essential to the validity of the gift., but it is only one of the requisites to vest title to the thing given in the donee. Thornton on Gifts and Advancements, section 133; Donover v. Argo et ux, 7-9 Iowa, 574, 44 N. W. 818; Thomlinson v. Ellison, 10 Mo. 105; Richardson v. Gray, 52 N. W. 10;. McKenna v. Kelso, 3 N. W. 152. Delivery of the thing given is essential to the validity of the gift. Thornton on Gifts and…

1Opinion of the CourtEngerud, J.

The plaintiff, 'claiming to b-e the owner in- fee and in possession of a half section of land in Ransom county, brought this action- -to quiet title and establish her title against the adverse claims of the defendants Northern Pacific Railroad company and Amos A. Gates. There was no appearance -by the railroad company, but the defendant Gates appeared,- and in- his answer denied any title in plaintiff, and alleged title in himself. The nature of the title claimed by him, -so far as material on this appeal, will sufficiently appear in- subsequent parts of this opinion. There was a trial by the…

2Cases cited1 opinion

  1. Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898

3Cited by5 opinions

  1. McGuigan v. HeuerNorth Dakota Supreme Court · 1936
  2. Hunt v. HolmesNorth Dakota Supreme Court · 1934
  3. Barnes v. HuletNorth Dakota Supreme Court · 1916
  4. Williams v. CommissionerUnited States Board of Tax Appeals · 1932
  5. Fowler v. FowlerMissouri Court of Appeals · 1910

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