Nash v. Northwest Land Co.
North Dakota Supreme Court
Appeal from District Court, Ward county; Palda, jr.J. Action by Mary J. Nash against the Northwest Land Company and others. Judgment for plaintiff, and defendants appeal. An equitable title cannot be proven under a pleading alleging an ownership in fee without setting upi the facts constituting the equitable title.
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Appeal from District Court, Ward county; Palda, jr.J. Action by Mary J. Nash against the Northwest Land Company and others. Judgment for plaintiff, and defendants appeal. An equitable title cannot be proven under a pleading alleging an ownership in fee without setting upi the facts constituting the equitable title. McClory v. Ricks, 11 N. D. 38, 88 N. W. 1042; Dever v. Cornwell, 10 N. D. 123, 86 N. W. 227; Finlayson v. Peterson, 11 N. D. 45, 89 N. W. 855; Hersey et al. v. Lambert, 52 N. W. 963; Stuart v. Lowry, 51 N. W. 662. There can be no mortgagee in possession without the consent of the…
1Opinion of the CourtEngerud, J.
Plaintiff, claiming to be the owner in fee of the real property in controversy, which consists, of two lots and buildings thereon in the city of Minot, brought this action to quiet her alleged title. The action was commenced in February, 1904. The complaint is in the form prescribed by chapter 5, p. 9, Laws of 1901 (section 7522, Rev. Codes 1905). The defendants Brogan and Flummerfelt answered, denying plaintiff’s title to one of the lots (lot 10 of block 3 of the original townsite of Minot), and alleging title in themselves. The defendant Peter Ehr in his answer alleges that he is the…
2Cases cited17 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Sprecker v. WakeleyWisconsin Supreme Court · 1860
- Cooke v. CooperOregon Supreme Court · 1889
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3Cited by30 opinions
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- Bernier v. PreckelNorth Dakota Supreme Court · 1931
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