Bowne v. Wolcott
North Dakota Supreme Court
PPEAL from district court, Grand Forks county; Hon. William B. McConnell, Judge. maintained: That the title was ■complete in the grantor before patent, and that there was, therefore, no breach of the covenant of seizure; but if otherwise then (the grantee having obtained the full equitable and beneficial title, being in possession and not offering to re-convey,) only nominal damages were recoverable.
1Opinion of the CourtBartholomew, J.
This was a trial to the court on an action brought on a covenant of seisin in a deed. The unquestioned findings of fact show that prior to January 10,1882, the land in controversy was the property of the general government; on that date one Bailey located what is known as “Sioux HalfBreed Scrip” upon said land at the local land office of the United States at Grand Forks; that the land was at that time subject to entry with such scrip; that the entry remained intact upon the records of the land department, but no patent has ever been issued by the general government for the land; that said…
2Cases cited7 opinions
- Carroll v. SaffordSupreme Court of the United States · 1845
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Frazer v. Board of SupervisorsIllinois Supreme Court · 1874
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Smith v. HughesWisconsin Supreme Court · 1880
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3Cited by6 opinions
- Beulah Coal Mining Co. v. HeihnNorth Dakota Supreme Court · 1920
- Platou v. SwantonNorth Dakota Supreme Court · 1930
- Anderson v. OlsonNorth Dakota Supreme Court · 1935
- Mercer County State Bank v. HayesNorth Dakota Supreme Court · 1916
- Zerfing v. SeeligSouth Dakota Supreme Court · 1899
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