Legal Opinion

Eaton v. Guarantee Co.

North Dakota Supreme Court

Decided January 8, 1902PublishedCited by 8 opinions

Appeal from District Court, Bottineau county; Cowan, J. Action by James B. Eaton against the Guarantee Company of North Dakota. From an order overruling a demurrer to the complaint, defendant appeals.

1Opinion of the CourtWallin, C. J.

This action is brought to quiet title, and the complaint alleges, in substance, that the plaintiff has a fee-simple estate in the land described in the complaint, and that the defendant claims to have a mortgage lien upon the land. For relief plaintiff asks that the defendant be required to set forth its adverse claims to the land, and, in substance, that it may be adjudged that the defendant has no title, estate, or lien upon the land in dispute. To this complaint a general demurrer for insufficiency was interposed by the defendant, whereupon the issue joined by the demurrer was presented to…

2Cases cited2 opinions

  1. People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862
  2. State ex rel. Kol v. North Dakota Children's Home SocietyNorth Dakota Supreme Court · 1901

3Cited by8 opinions

  1. State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
  2. State Ex Rel. Olson v. WelfordNorth Dakota Supreme Court · 1935
  3. State Ex Rel. Sandaker v. OlsonNorth Dakota Supreme Court · 1935
  4. Nelson v. Westland Oil Co. Foster v. Westland Oil Co. Westom v. Westland Oil Co. Myers v. Westland Oil CoCourt of Appeals for the Eighth Circuit · 1950
  5. State Ex Rel. Bismarck Tribune v. SteenNorth Dakota Supreme Court · 1931

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API