Galbraith v. Payne
North Dakota Supreme Court
Appeal from District Court, Nelson County; Fisk, J. Action by John P. Galbraith against J. A. Payne and others. Judgment for plaintiff, and defendant Payne appeals. Plaintiff must recover under his deed from St. Paul Harvester Company. Dever v. Cornwall, 10 N. D. 123, 86 N. W. Rep. 227. His deed is void as to the defendant, under section 7002, Rev. Codes.
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Appeal from District Court, Nelson County; Fisk, J. Action by John P. Galbraith against J. A. Payne and others. Judgment for plaintiff, and defendant Payne appeals. Plaintiff must recover under his deed from St. Paul Harvester Company. Dever v. Cornwall, 10 N. D. 123, 86 N. W. Rep. 227. His deed is void as to the defendant, under section 7002, Rev. Codes. The statute applies to all titles whether good or bad. 1 Russell on Crimes 180; 2 Bishop on Criminal Law, section 136 ; Tomb v. Sherwood, 13 Johnson 291; Bacon’s Abrs. Maintenance E.; Teel v. Fonda,.7 Johnson (N. Y.) 251. The seller is…
1Opinion of the CourtYoung, C. J.
This is an action to determine adverse claims to 160 acres of land situated in Nelson county, and to recover possession. The plaintiff deraigns his title as follows: (1) A patent from the United States government to Frank A. Willson, dated March 26, 1886; (2) a quitclaim deed from said Frank A. Willson to the St. Paul Harvester Company, a corporation, executed and delivered on May 8, 1900; (3) a quitclaim deed from the St. Paul Harvester *168Company to the plaintiff, dated April 25, 1901. All of said deeds were recorded at or about the time of their execution. The defendant Paine claims title…
2Cases cited14 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Steeple v. DowningIndiana Supreme Court · 1878
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Williams v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1809
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Gannon v. JohnstonSupreme Court of Oklahoma · 1914
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- Sailer v. Mercer CountyNorth Dakota Supreme Court · 1947
- Powers v. Van DykeSupreme Court of Oklahoma · 1910
- Robertson v. BrownNorth Dakota Supreme Court · 1947
27 more not listed; retrieve them via the Exa API.