Schneller v. Plankinton
North Dakota Supreme Court
Appeal from District Court, Richland county; Lauder, J. Action by F. B. Schneller against William Plankinton and others. Judgment for plaintiff, and defendant Plankinton appeals. Actual possession of land consists in exercising acts of dominion over it and in taking the profits of which it is susceptible. Webber v. Clarke, 15 Pac. Rep. 431; Barstow v. Newman, 34 Cal. 90; Goodrich v. VanLandigham, 46 Cal. 601; Kelly v. Mack, 49 Cal. 524. An inclosure is not necessary.
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Appeal from District Court, Richland county; Lauder, J. Action by F. B. Schneller against William Plankinton and others. Judgment for plaintiff, and defendant Plankinton appeals. Actual possession of land consists in exercising acts of dominion over it and in taking the profits of which it is susceptible. Webber v. Clarke, 15 Pac. Rep. 431; Barstow v. Newman, 34 Cal. 90; Goodrich v. VanLandigham, 46 Cal. 601; Kelly v. Mack, 49 Cal. 524. An inclosure is not necessary. Hicks v. Coleman, 25 Cal. 132; Sheldon v. Mull, 7 Pac. Rep. 710. Nor any building thereon, or the occupation such as a stranger…
1Opinion of the CourtYoung, C. J.
The plaintiff instituted this action to determine adverse claims to eighty acres of agricultural land situated in Rich-land county. The complaint, which is substantially in the form prescribed by chapter 5, p. 9, of the Laws of 1901, alleges that the plaintiff is the owner in fee simple of the land, and that the defendants claim interests therein adverse to the plaintiff, and prays that said claims be adjudged null and void, and the title to said premises be quieted in the plaintiff as to all of said defendants, and for costs and disbursements. The defendant Plankinton alone answered. His…
2Cases cited11 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
- Whitney v. WrightNew York Supreme Court · 1836
- Kruse v. WilsonIllinois Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burke v. ScharfNorth Dakota Supreme Court · 1909
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Conrad v. AdlerNorth Dakota Supreme Court · 1904
- Loy Ex Rel. Union Securities Co. v. KesslerNorth Dakota Supreme Court · 1949
- Smith v. NyreenNorth Dakota Supreme Court · 1957
4 more not listed; retrieve them via the Exa API.