Bach v. Lyons
North Dakota Supreme Court
Action to quiet title to real estate in District Court, Divide County, Leighton, J. From a judgment rendered in favor of the defendants dismissing plaintiff’s action and quieting title in the defendants, the plaintiff appeals, and demands a trial de novo. Proof may be completed by the children of a deceased entryman. IT. S. Rev. Stat. § 2292; Bernier v. Bernier, 147 IJ.
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Action to quiet title to real estate in District Court, Divide County, Leighton, J. From a judgment rendered in favor of the defendants dismissing plaintiff’s action and quieting title in the defendants, the plaintiff appeals, and demands a trial de novo. Proof may be completed by the children of a deceased entryman. IT. S. Rev. Stat. § 2292; Bernier v. Bernier, 147 IJ. S. 242, 37 L. ed. 152. When the right to patent has been earned, the public policy against alienation ceases, and the land becomes in equity the property of the person entitled to patent. Adams v. McClintoek, 21 N. D. 483;…
1Opinion of the CourtBronson, J.
This cause is in the nature of an action to quiet title to an undivided one-third interest in certain land in Divide county, based upon a contract for attorney’s fees. In the trial court judgment was rendered dismissing plaintiff’s cause of action and quieting the title as between the parties, in the defendants interested. From such judgment the plaintiff appeals and demands a trial de novo in this court. In substance the record discloses the following facts: John Lindemann made a homestead entry on 160 acres of land in Divide county on November 18, 1902. While in actual occupation of such…
2Cases cited2 opinions
- De Bergere v. ChavesNew Mexico Supreme Court · 1908
- Stewart's Administrators v. LangSupreme Court of Pennsylvania · 1860