Schinzer v. Wyman
North Dakota Supreme Court
Appeal from the District Court of Cass County, Pollock, J. Action to have declared null and void and to set aside two warranty deeds, a contract for a deed, and a certain receipt relating to said transaction, and for a personal judgment for the amount of certain ■mortgages placed by the defendant upon the land in controversy. Judganent for plaintiff.
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Appeal from the District Court of Cass County, Pollock, J. Action to have declared null and void and to set aside two warranty deeds, a contract for a deed, and a certain receipt relating to said transaction, and for a personal judgment for the amount of certain ■mortgages placed by the defendant upon the land in controversy. Judganent for plaintiff. Statement by Bruce, J. This is an action to have declared null and void and to set aside two warranty deeds, a contract for a deed, and a certain receipt relating to said transaction, and for a personal judgment for the amount of certain…
1Opinion of the CourtBruce, J.
(after stating the facts as above). It is impossible to sustain the judgment of the trial court, under the pleadings and the evidence in this case.
The ease presented by the pleadings is one of fraud and of a successful attempt to induce the plaintiff to sign two warranty deeds and a contract of purchase, when she merely thought she was executing, and merely intended to execute, a permission to the defendant to sell certain real estate as her agent.
The trial court, however, decided the case and^ found the issues for the plaintiff as if the issues presented by the pleadings had been the…
2Cases cited20 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Atlantic Delaine Co. v. JamesSupreme Court of the United States · 1877
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3Cited by4 opinions
- Muhlhauser v. BeckerNorth Dakota Supreme Court · 1948
- Petrie v. WymanNorth Dakota Supreme Court · 1916
- Charon v. WindinglandNorth Dakota Supreme Court · 1942
- Security State Bank v. RettingerNorth Dakota Supreme Court · 1915