Legal Opinion

Mueller v. Bohn

North Dakota Supreme Court

Decided February 7, 1919PublishedCited by 1 opinion

Appeal from a judgment of tbe District Court of Hettinger County, Honorable W. 0. Crawford, Judge. “If there was any defect in description on record the fact that description referred to the plot would cure it, because when an instrument refers to a plot that plot becomes a part of the description.”

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Appeal from a judgment of tbe District Court of Hettinger County, Honorable W. 0. Crawford, Judge. “If there was any defect in description on record the fact that description referred to the plot would cure it, because when an instrument refers to a plot that plot becomes a part of the description.” Boise City v. Hon. (Idaho) 94 Pac. 167; McCullough v. Olds (Cal.) 41 Pac. 420; Peoria Gas & E. Co. v. Dunbar (Ill.) 85 N. E. 229; Park Comrs. v. Taylor (Iowa) 108 N. W. 927; Neumeister v. Goddard (Wis.) 103 N. W. 241; Zuleger v. Zeh (Wis.) 150 N. W. 406; Pittsburg, C. C. & St. L. B. Co. v. Beck…

1Opinion of the CourtRobinson, J.

This is a statutory action to determine an adverse claim to land. In such an action the complaint is a mere challenge to defendant to set forth and establish his adverse claim, or to abandon it. Defendant becomes practically the plaintiff and takes the affirmative in pleading and proof. Steinwand v. Brown, 38 N. D. 607, 166 N. W. 129. The complaint in this case merely avers that the plaintiff •owns block forty-three in the village of Mott, and in Brown’s second addition to Mott, and that the defendant claims some title or interest in the same adverse to the plaintiff. The answer, which is the…

2Cases cited1 opinion

  1. Steinwand v. BrownNorth Dakota Supreme Court · 1917

3Cited by1 opinion

  1. Poyzer v. Amenia Seed and Grain Co.North Dakota Supreme Court · 1986

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