Legal Opinion

Jasper v. Hazen

North Dakota Supreme Court

Decided April 1, 1890PublishedCited by 11 opinions

PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action by John W. Jasper against Arthur H. Hazen, to recover tbe value of certain real estate, and of tbe products thereof, and of certain personal property of which plaintiff claimed to be the owner, and which it was alleged defendant wrongfully disposed of, and converted to his own use. Trial to a jury. Yerdict and judgment for plaintiff.

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PPEAL from district court, Cass county; Hon. William B. McConnell, Judge. Action by John W. Jasper against Arthur H. Hazen, to recover tbe value of certain real estate, and of tbe products thereof, and of certain personal property of which plaintiff claimed to be the owner, and which it was alleged defendant wrongfully disposed of, and converted to his own use. Trial to a jury. Yerdict and judgment for plaintiff. Redress for violation of trust, where the trust is still unsettled, is not obtainable by an action at law; citing Duval v. Craig, 2 Wheat. 45; Norton v. Bay, 139 Mass., 230. No…

1Opinion of the CourtBartholomew, J.

The facts will be best understood from a summary of the pleadings. The complaint states that on March 20,1885, plaintiff was the owner of a certain quarter section of land in Cass county which was free from incumbrance except two mortgages in favor of the Northwestern Trust Company for $1,100; that on that date plaintiff was arrested on a criminal charge, and bail for his appearance before the examining magistrate was fixed at $500; that defendant agreed with plaintiff that, if plaintiff would execute to defendant a warranty deed of his said land, he (defendant) would furnish said bail, and,…

2Cases cited10 opinions

  1. Lathrop v. BamptonCalifornia Supreme Court · 1866
  2. Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
  3. Sandfoss v. JonesCalifornia Supreme Court · 1868
  4. Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
  5. Judd v. DikeSupreme Court of Minnesota · 1883

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Rolfe v. SwearingenCourt of Appeals of Texas · 1951
  2. Jasper v. HazenNorth Dakota Supreme Court · 1894
  3. Prondzinski v. GarbuttNorth Dakota Supreme Court · 1898
  4. Tchula Commercial Co. v. JacksonMississippi Supreme Court · 1927
  5. Security State Bank v. KramerNorth Dakota Supreme Court · 1924

6 more not listed; retrieve them via the Exa API.

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