Honsinger v. Stewart
North Dakota Supreme Court
Appeal from tbe District Court of Cass County. Pollock, J. Action in partition. Judgment for defendants. Plaintiff appeals. Tbe law permits beirs or devisees of tbe decedent, wbetber in or out of possession, to maintain an action to quiet title to tbe real estate of tbe decedent against anyone except tbe administrator or executor.
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Appeal from tbe District Court of Cass County. Pollock, J. Action in partition. Judgment for defendants. Plaintiff appeals. Tbe law permits beirs or devisees of tbe decedent, wbetber in or out of possession, to maintain an action to quiet title to tbe real estate of tbe decedent against anyone except tbe administrator or executor. Comp* Laws 1913, §§ 8707, 8798. Tbe question of jurisidiction cannot be raised in connection with some other question, and then tbe party permitted to contend that the court did not bave jurisdiction. Simensen v. Simensen, 13 N. D. 305,. 100 N. W. 708; Yorke v.…
1Opinion of the CourtBruce, J.
This is an appeal from an order sustaining a demurrer 'to a complaint, and from the judgment entered in favor of the defendants, the plaintiff'declining to plead over.
The action is one for a partition of the lands of a deceased person among his heirs, for an adjudication of the various interests therein, and for a sale of the land in the event that partition cannot be made, and for general equitable relief. It is brought by one of the heirs, William O. Honsinger, and against the remaining heirs, the administrator, certain mortgagees; namely, the Travelers Insurance Company, R. B. Cartel’, the…
2Cases cited13 opinions
- Russell v. City of TacomaWashington Supreme Court · 1894
- Barnes v. BarkerWashington Supreme Court · 1892
- Blakemore v. RobertsNorth Dakota Supreme Court · 1903
- Fischer v. DolwigNorth Dakota Supreme Court · 1915
- Thomas v. ThomasSupreme Court of Iowa · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Edinger's EstateNorth Dakota Supreme Court · 1965
- Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
- Magoffin v. Watros ex rel. BrouillardNorth Dakota Supreme Court · 1920
- Northwestern Trust Co. v. GetzNorth Dakota Supreme Court · 1936
- Belakjon v. HilstadNorth Dakota Supreme Court · 1949
9 more not listed; retrieve them via the Exa API.