Mountrail County v. Wilson
North Dakota Supreme Court
Appeal from the District Court of Mountrail County, Frank Fisk, J. By virtue of the deed from Wilson, Mountrail County acquired title to and possession and control of the property therein described. The estate conveyed was not one on condition. 2 Washb.
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Appeal from the District Court of Mountrail County, Frank Fisk, J. By virtue of the deed from Wilson, Mountrail County acquired title to and possession and control of the property therein described. The estate conveyed was not one on condition. 2 Washb. Real Prop. p. 3, § 2; Garfield Twp. v. Herman, 66 Kan. 256, 71 Pac. 517; Curtis v. Board of Education, 43 Kan. 138, 23 Pac. 98. A deed absolute, but specifying the purpose for which the property conveyed shall be used, does not create an estate upon condition subsequent. Soukup v. Topka, 54 Minn. 66, 55 N. W. 824; Eaith v. Bowles, 86 Md. 13,…
1Opinion of the CourtGoss, J.
This action is one for condemnation of land for public use. The complaint is in the usual form, alleging that the present and designated courthouse site is owned in fee simple by Mountrail county. That “it is necessary for plaintiff to acquire title to another tract of land, adjoining the land described on the west, in order to have sufficient ground for said courthouse and jail and such other necessary county buildings as may be constructed by the plaintiff in the future for the use of the county; that the land described in ¶ 3 (the established site) alone is insufficient for the needs of…
2Cases cited11 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- Martin v. TylerNorth Dakota Supreme Court · 1894
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- Matter Of, Etc., N.Y., W.S. B.R. Co.New York Court of Appeals · 1884
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3Cited by4 opinions
- Eckre v. Public Service CommissionNorth Dakota Supreme Court · 1976
- BOARD OF EDUCATION OF CITY MINOT v. Park DistrictNorth Dakota Supreme Court · 1955
- Board of Education v. Park District of MinotNorth Dakota Supreme Court · 1955
- Eckre v. Public Service CommissionNorth Dakota Supreme Court · 1976