Engholm v. Ekrem
North Dakota Supreme Court
Appeal from District Court, Ward -county; Goss, J. Action by Neis O. Engliolm and wire against J. M. Ekr-em and others. Judgment for defendants^ and plaintiffs appeal. Equity cannot give specific performance unless the land is specifically determined. 2 Pom. Eq. Rem. Sec. 764, 765, 7-6-7. Contract for conveyance of homestead not in writing and jointly signed and acknowledged by both spouses, is void.
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Appeal from District Court, Ward -county; Goss, J. Action by Neis O. Engliolm and wire against J. M. Ekr-em and others. Judgment for defendants^ and plaintiffs appeal. Equity cannot give specific performance unless the land is specifically determined. 2 Pom. Eq. Rem. Sec. 764, 765, 7-6-7. Contract for conveyance of homestead not in writing and jointly signed and acknowledged by both spouses, is void. Helgeby v. D-ammen, 13 N. D. 167, 100 N. W. 245; Silander v. Gronna, 15 N! D. 552, 108 N. W. 544; Garr Scot-t & Co., v. Collins, 15 N. D. 62-2, 110 N. w: 81. Estoppel will not supply the want of…
1Opinion of the CourtFisk, J.
This action was brought to determine adverse claims to a small tract of land described in the complaint and- situated *188in the city of Minot. Defendant Ekrem -answered separately, alleging both a written and an oral contract by the terms of which plaintiffs agreed to sell to him and he agreed to purchase a certain portion of the premises and alleging a part performance thereof on his part. The other defendants, with the exception of Husby and Peterson, answered, but it is unnecessary to -state the issues raised by such answer, as they were awarded judgment against the plaintiffs, and the…
2Cases cited2 opinions
- Galbraith v. LunsfordTennessee Supreme Court · 1888
- Grice v. WoodworthIdaho Supreme Court · 1904
3Cited by25 opinions
- Dixon v. KaufmanNorth Dakota Supreme Court · 1953
- Dieter v. FraineNorth Dakota Supreme Court · 1910
- Swingle v. SwingleNorth Dakota Supreme Court · 1917
- Dvorak v. MaringSupreme Court of Minnesota · 1979
- Torgerson v. HaugeNorth Dakota Supreme Court · 1916
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