Mowry v. Gold Stabeck Co.
North Dakota Supreme Court
Action in District court, Rolette county, Buttz, J. Plaintiff has appealed from a judgment in defendant’s favor. “A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.”
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Action in District court, Rolette county, Buttz, J. Plaintiff has appealed from a judgment in defendant’s favor. “A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.” Little v. Braun, 92 N. W. 200, 11 N. D. 10; Jasper v. Hazen, 58 N. W. 454, 4 N. D. 1; 32 L. R. A. (N. S.) 1046 and cases cited; 5 L. R. A. (N. S.) 3§7; § 6754 C. L. 1913. “Every grant of real property or of an estate therein, which appears by any other writing to be intended as a mortgage within the meaning •cf chap. 86 of this…
1Opinion of the CourtBronson, J.
This is an action to determine adverse claims concerning one-half section of land in Rolette county. The plaintiff has ap*766pealed from the judgment, and has demanded a trial de novo.
The trial court found: That the Twin City Investment Company the owner of the land in May, 1915, gave to one Winter a contract for a deed. That Winter in May, 1916, assigned such contract to the defendant Ritz. In February, 1914, the investment company made a mortgage for $5,000 to Klein. In May, 1916, the defendant Ritz made a mortgage to the Gold-Stabeck Company for $2,000. In November, 1917, the defendant Ritz…
2Cases cited5 opinions
- St. John v. LoflandNorth Dakota Supreme Court · 1895
- Lake Grocery Co. v. ChiostriNorth Dakota Supreme Court · 1916
- Druey v. BaldwinNorth Dakota Supreme Court · 1919
- Searles v. LuxSupreme Court of Iowa · 1894
- Williams v. ClarkNorth Dakota Supreme Court · 1919
3Cited by9 opinions
- Knoepfle v. SukoNorth Dakota Supreme Court · 1961
- Schlichenmayer v. LuithleNorth Dakota Supreme Court · 1974
- Shong v. Farmers' & Merchants' State Bank, Inc.North Dakota Supreme Court · 1955
- Heuer v. HeuerNorth Dakota Supreme Court · 1934
- Keller v. ReichertNorth Dakota Supreme Court · 1922
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