Legal Opinion

Ditton v. Purcell

North Dakota Supreme Court

Decided July 26, 1911PublishedCited by 5 opinions

Appeal from District Court, Grand Forks county; Templeton, Judge. Action by W. R. Ditton against Ed Purcell. From a judgment for plaintiff, defendant appeals. Ostensible ownership acquired by fraud, until rescission, is an ownership that can pass title to a bona fide purchaser for value without notice. 24 Am. & Eng. Enc. Law, 2d ed. 1165-1166; 4 Am. & Eng. Enc. Law, Supp-. 2d ed. 751; 5 Am. & Eng. Enc.

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Appeal from District Court, Grand Forks county; Templeton, Judge. Action by W. R. Ditton against Ed Purcell. From a judgment for plaintiff, defendant appeals. Ostensible ownership acquired by fraud, until rescission, is an ownership that can pass title to a bona fide purchaser for value without notice. 24 Am. & Eng. Enc. Law, 2d ed. 1165-1166; 4 Am. & Eng. Enc. Law, Supp-. 2d ed. 751; 5 Am. & Eng. Enc. Law, Supp. 2d ed. 1715; Cochran v. Stewart, 57 Minn. 499, 59 N. W. 543; Michigan O. P. Co. v. Phillips, 60 111. 190; Young v. Bradley, 68 111. 553; Comer v. Cunningham, 77 N. Y. 391, 33 Am.…

1Opinion of the CourtGoss, J.

Defendant, Purcell, and one Murphy, attended plaintiff’s auction sale at which plaintiff’s team was struck off to Murphy on his bid of $302. At the close of the sale, defendant and Murphy secured possession of the horses, and were about to drive away with the team without settling for it, when plaintiff again took possession of the horses. Plaintiff had some time previously gone through bankruptcy, and Murphy attended the sale and bid in the horses evidently intending to secure possession of them and afterwards, on settlement, pay for them in whole or in part by turning in plaintiff’s…

2Cases cited40 opinions

  1. Donaldson v. FarwellSupreme Court of the United States · 1876
  2. Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
  3. Devoe v. . BrandtNew York Court of Appeals · 1873
  4. Shotwell v. HarrisonMichigan Supreme Court · 1871
  5. Sillyman v. KingSupreme Court of Iowa · 1873

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3Cited by5 opinions

  1. Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
  2. Ryan v. BremsethNorth Dakota Supreme Court · 1922
  3. Hodous v. HodousNorth Dakota Supreme Court · 1949
  4. Nelson v. JonesSupreme Court of Oklahoma · 1923
  5. Rosenwater v. SellesethNorth Dakota Supreme Court · 1916

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