Adam v. McClintock
North Dakota Supreme Court
'Appeal from District Court, Pierce county, Burr, Judge. Suit by Eulbina Adam and another against W. D. McClintock and others, to quiet title to certain land as against a mortgage held by defendants. From a judgment for plaintiffs, defendants appeal. Mortgage on public domain is good when title becomes perfected in the entryman. Eogers v. Minneapolis Mach. Co. 48 Wash. 19, 92 Pac. 774, 95 Pac. 1014; Norris v. Heald, 12 Mont. 282, 33 Am.
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'Appeal from District Court, Pierce county, Burr, Judge. Suit by Eulbina Adam and another against W. D. McClintock and others, to quiet title to certain land as against a mortgage held by defendants. From a judgment for plaintiffs, defendants appeal. Mortgage on public domain is good when title becomes perfected in the entryman. Eogers v. Minneapolis Mach. Co. 48 Wash. 19, 92 Pac. 774, 95 Pac. 1014; Norris v. Heald, 12 Mont. 282, 33 Am. St. Eep. 581, 29 Pac. 1121; 27 Cyc. 1038; Stewart v. Powers, 98 Cal. 514, 33 Pac. 486; Yerkes v. Hadley, 5 Dak. 324, 2 L.E.A. 363, 40 N. W. 340, 24 Am. & Eng.…
1Opinion of the CourtGoss, J.
This action comes to this court upon an appeal by defendants from a judgment entered against them in favor of the plaintiffs by the district court of Pierce county; the judgment as entered, quieted title in plaintiffs to the land involved. Prom this judgment,, defendants appeal.
On trial the facts were stipulated, and are summarized into the following statement: Pulbina Adam, before her marriage, made homestead entry upon 160 acres of land in Pierce county, in 1901, establishing her residence.thereon soon afterwards. On November 7, 1902, *486to secure her father’s pre-existing debts to the…
2Cases cited46 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Stoddard v. ChambersSupreme Court of the United States · 1844
- Barney v. DolphSupreme Court of the United States · 1878
- Clark v. BakerCalifornia Supreme Court · 1860
41 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bashore v. AdolfIdaho Supreme Court · 1925
- Torgerson v. HaugeNorth Dakota Supreme Court · 1916
- Northwestern Mutual Savings & Loan Ass'n v. HansonNorth Dakota Supreme Court · 1943
- Federal Land Bank of Saint Paul v. GefrohNorth Dakota Supreme Court · 1986
- Englert v. DaleNorth Dakota Supreme Court · 1913
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