Darling v. Purcell
North Dakota Supreme Court
Appeal from District Court, Sargent county; Cowm, J. Action by Charles W. Darling and E. D. Angelí against W. E. Purcell and others. Judgment for defendants, and plaintiffs appeal. The tax judgment is void. Certificate to copy of resolution designating paper, does not show that it is a copy, and is fatally defective. Sykes v. Beck, 12 N. D. 242, 96 N. W. 844. Certified copy of such paper must be filed with the clerk of court.
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Appeal from District Court, Sargent county; Cowm, J. Action by Charles W. Darling and E. D. Angelí against W. E. Purcell and others. Judgment for defendants, and plaintiffs appeal. The tax judgment is void. Certificate to copy of resolution designating paper, does not show that it is a copy, and is fatally defective. Sykes v. Beck, 12 N. D. 242, 96 N. W. 844. Certified copy of such paper must be filed with the clerk of court. Cass County v. Security Improvement Co., 7 N. D. 528, 75 N. W. 775. The word “seal” within a scroll is not a sufficient representation of the county seal, or official…
1Opinion of the CourtYoung, C. J.
This is an action to determine adverse claims to 160 acres of land situated in Sargent county. The plaintiffs’ title comes from the original patentee; that of the defendants from a tax judgment sale under chapter 67, p. 76, Laws 1897. It is conceded that plaintiff’s have title unless it 'has been divested by the proceedings under which the defendants claim title. The trial was to the court without a jury. The findings and conclusions were in all respects favorable to the defendants, and judgment was entered confirming their title and right of possession. Plaintiffs have appealed from the…
2Cases cited28 opinions
- Wells County v. McHenryNorth Dakota Supreme Court · 1898
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Shuttuck v. SmithNorth Dakota Supreme Court · 1896
- State ex rel. Scotten v. BrillSupreme Court of Minnesota · 1894
23 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brink v. CurlessNorth Dakota Supreme Court · 1973
- Cain v. EhrlerSouth Dakota Supreme Court · 1914
- Cruser v. WilliamsNorth Dakota Supreme Court · 1904
- Patterson Land Co. v. LynnNorth Dakota Supreme Court · 1914
- Biberdorf v. JuhnkeNorth Dakota Supreme Court · 1929
7 more not listed; retrieve them via the Exa API.