Chaffee-Miller Land Co. v. Barber
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by the Chaffee-Miller Land Company against Edward W. Barber and another. Judgment for plaintiff. Defendant Edward W. Barber appeals. A judgment entered without findings disposing of all material issues of fact, is erroneous.
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Appeal from District Court, Cass county; Pollock, J. Action by the Chaffee-Miller Land Company against Edward W. Barber and another. Judgment for plaintiff. Defendant Edward W. Barber appeals. A judgment entered without findings disposing of all material issues of fact, is erroneous. Loto v. Irvine, 60 Ca'l. 436; People v. Forbes, 51 Cal. 628; Phipps v. Harlow, 53 Cal. 87; Shaw v-. Wanderforde, 53 Cal. 300; Taylor v. Reynolds, 53 Cal. 686; Cassidy v. Cassidy, 63 Cal. 352; Campbell v. Buckman, 49 Cal. 362; Byrnes v. Claifey, 54 Ca'l. 155; Everson v. Mayhew, 57 Cal. 144. The findings do not…
1Opinion of the CourtYoung, C. J.
This is an action to determine adverse claims to 640 acres of agricultural land situated in Cass county, and for the possession of eight acres thereof, with the buildings situated thereon, which plaintiff alleges are wrongfully occupied and withheld by the defendants. The complaint is in the form prescribed by section 5907, Rev. Codes, as amended by chapter 5, p. 9, Laws 1901, *482and alleges that the plaintiff has an estate in the land, towit, that it is the owner in fee of the entire tract; that the defendants claim certain estates therein adverse to plaintiff, and that defendants are in the…
2Cases cited14 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Murphy v. BennettCalifornia Supreme Court · 1886
- Pico v. CuyasCalifornia Supreme Court · 1873
- Smith v. AckerCalifornia Supreme Court · 1877
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3Cited by4 opinions
- Gust v. WilsonNorth Dakota Supreme Court · 1953
- Stevens v. MeyersNorth Dakota Supreme Court · 1905
- Calkins v. StevensNorth Dakota Supreme Court · 1923
- Riley v. JorgensonSouth Dakota Supreme Court · 1915