Winterberg v. Van De Vorste
North Dakota Supreme Court
Appeal from District Court, Emmons County; Winchester, J. Action 'by Annie' Winterberg suing for the use and benefit of George W. Lynn, against Johannes Van de Vorste. Judgment for plaintiff, and defendant appeals. Sheriff’s certificate is personal property and foreign executor had jurisdiction over it. Joy v. Elton, 83 N. W. 875, 9 N. D. 428 The various deeds are void for champerty.
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Appeal from District Court, Emmons County; Winchester, J. Action 'by Annie' Winterberg suing for the use and benefit of George W. Lynn, against Johannes Van de Vorste. Judgment for plaintiff, and defendant appeals. Sheriff’s certificate is personal property and foreign executor had jurisdiction over it. Joy v. Elton, 83 N. W. 875, 9 N. D. 428 The various deeds are void for champerty. Revised Codes 1905, Sec. 8733; Brynjolfson v. Dagner, 109 N. W. 320; Galbraith v. Payne, 12 N. D. 164-; Schneller v. Plankinton, 12 N. D. 561. No claims can be made thereunder. Higbee v. Daeley, 109 N. W. 318;…
1Opinion of the CourtSpalding, J.
This is one of the cases now becoming very numerous in the courts of this state relating to speculation in defective titles to real estate. The facts may be summarized as follows: Annie Winterberg was, on the 1st day of May, 1889, the owner in *fee of the S. W. °f section 35, township 130 N., range 77 W., in Emmons county, and on that day executed and delivered ' a mortgage thereon as security for her note, payable in five years to one Plannah K. Loring, a resident of Massachusetts. This mortgage was recorded on the 5th day of June, 1889, in the office of the register of deeds of Emmons…
2Cases cited5 opinions
- Bausman v. FaueSupreme Court of Minnesota · 1891
- Gates v. KelleyNorth Dakota Supreme Court · 1906
- Finlayson v. PetersonNorth Dakota Supreme Court · 1902
- Johnson v. ErlandsonNorth Dakota Supreme Court · 1905
- Higbee v. DaeleyNorth Dakota Supreme Court · 1906
3Cited by2 opinions
- Boschker v. Van BeekNorth Dakota Supreme Court · 1909
- Poppke v. PoppkeSouth Dakota Supreme Court · 1930