Power v. Bowdle
North Dakota Supreme Court
Cross appeals from District Court, Barnes County; Rose, J. Action by James B. Power against A. M. Bowdle, to quiet title, under Comp. Laws, § 5449. From a judgment for defendant, both parties appeal. When a custom has become so established as to become a part of the law, the court will act upon it, without requiring it to be proved.
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Cross appeals from District Court, Barnes County; Rose, J. Action by James B. Power against A. M. Bowdle, to quiet title, under Comp. Laws, § 5449. From a judgment for defendant, both parties appeal. When a custom has become so established as to become a part of the law, the court will act upon it, without requiring it to be proved. Consegna v. Millings, I Peters' N. S. C. C. 225. Courts will take judicial notice of whatever is- generally known or generally ascertainable within their jurisdictions. Brown v. Piper, 91 U. S. 37. But parole evidence is not admissable to prove as a custom a,local…
1Opinion of the CourtWallin, J.
Plaintiff was the owner of lands described in the complaint, and situated in Barnes County. Said lands were sold at tax sale in the years 1887, 1888, and 1889 for the alleged taxes of 1886, 1887, and 1888. Defendant was the purchaser of the lands at each and all of said sales, and tax certificates evidencing the sales, respectively, were delivered to him in due form. No redemption from either of the sales was ever made. The time for redemption from the first sale (1887) having expired, the county treasurer of said county made out in due form, and delivered to defendant, tax deeds of said…
2Cases cited16 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Walls v. . BaileyNew York Court of Appeals · 1872
- Morningstar v. CunninghamIndiana Supreme Court · 1887
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Bidwell v. WebbSupreme Court of Minnesota · 1865
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3Cited by55 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Washington Timber & Loan Co. v. SmithWashington Supreme Court · 1904
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