Hannah v. Chase
North Dakota Supreme Court
Appeal from District Court, Sargent County; Lauder, J. Action by Robert Hannah against E. C. Chase to determine adverse claims to certain land. Judgment for defendant, and plaintiff appeals. The object'of this action is to try the legal title and right of possession to the land in question. Wood v. Conrad, 2 S. D. 405, 50 N. W. Rep. 903. The presumption is that the officer in making the deed, did his duty.
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Appeal from District Court, Sargent County; Lauder, J. Action by Robert Hannah against E. C. Chase to determine adverse claims to certain land. Judgment for defendant, and plaintiff appeals. The object'of this action is to try the legal title and right of possession to the land in question. Wood v. Conrad, 2 S. D. 405, 50 N. W. Rep. 903. The presumption is that the officer in making the deed, did his duty. Faley v. Kane, 4 N. W. Rep. 355; Herrick v. Ammerman, 21 N. W. Rep. 836; Love v. Cherry, 24 la. 204. It is the duty of the sheriff to complete the sale by executing a deed of the premises…
1Opinion of the CourtBartholomew, C. J.
This action was bx-ought under § 5449, Comp. Laws, to detex'mine advex'se claims to the S. E. ¼ of section 23 in township 131 N., range 53 W., in Sargent County. Both parties claims title from one Winfield S. Wolfe. The tidal below was to the coux-t, and defendant prevailed. Plaintiff pi'osecutes this appeal. Defendant is in possession. It is only after plaintiff has shown a xdght in himself, superior to the xdght of possession, that defendant’s title becomes material. We may therefore enter at once upon a consideration of plaintiff’s title. *353The facts upon which he relies are undisputed. It…
2Cases cited13 opinions
- City of Albany v. . McNamaraNew York Court of Appeals · 1889
- Keane v. CannovanCalifornia Supreme Court · 1863
- Costello v. BurkeSupreme Court of Iowa · 1884
- Telfener v. DillardTexas Supreme Court · 1888
- Smith v. PennyCalifornia Supreme Court · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
- United States ex rel. Helmecke v. RiceDistrict Court, S.D. Texas · 1922
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Brown v. ComonowNorth Dakota Supreme Court · 1908
- Sailer v. Mercer CountyNorth Dakota Supreme Court · 1950
7 more not listed; retrieve them via the Exa API.