Power v. Kitching
North Dakota Supreme Court
Appeal from District Court, Griggs County; Glaspell, J. Action by James B. Power against John Kitching. From a judgment in -favor of defendant, plaintiff appeals. The act relating to titles to real property is void. § 61 Const.;. State v. Nomland, 3 N. D. 427; Richard v. Stark Co., 8 N. D. 392;. Rivet v. Richland Co., 8 N. D. 65. The tax deed is void because not signed officially.
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Appeal from District Court, Griggs County; Glaspell, J. Action by James B. Power against John Kitching. From a judgment in -favor of defendant, plaintiff appeals. The act relating to titles to real property is void. § 61 Const.;. State v. Nomland, 3 N. D. 427; Richard v. Stark Co., 8 N. D. 392;. Rivet v. Richland Co., 8 N. D. 65. The tax deed is void because not signed officially. The signing of the name without the official designation is the same as if the signature had been omitted, so far as any official validity is concerned. 2 Blackwell on Tax Titles, § § 865, 871. The deed shows the…
1Opinion of the CourtWallin, C. J.
The plaintiff in this action sues to recover the possession and the value of the use of a quarter section of land situated in the county of Griggs. It is conceded that plaintiff is the fee-simple owner of the land, unless the defendant has acquired title thereto by virtue of his claim of title pleaded in the answer to the complaint. The defendant alleges, in effect, that he is the owner and holder of a tax deed which describes the land, a copy of which is annexed to and made a part of the answer. Said deed is dated on November 2, 1889, and the same was recorded on said date. The deed named…
2Cases cited18 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- Wright v. MattisonSupreme Court of the United States · 1856
- Deputron v. YoungSupreme Court of the United States · 1890
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Edgerton v. BirdWisconsin Supreme Court · 1858
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3Cited by37 opinions
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
- Philbin v. CarrIndiana Court of Appeals · 1920
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1911
32 more not listed; retrieve them via the Exa API.