Movius v. Propper
North Dakota Supreme Court
Appeal by defendant from a judgment of tbe District Court for Sargent County; Frank F. Allen, J., in plaintiffs’ favor in an action brought to quiet title to certain real estate. Action to determine adverse claims to real property. The complaint is substantially in the statutory form.
Read the full summary
Appeal by defendant from a judgment of tbe District Court for Sargent County; Frank F. Allen, J., in plaintiffs’ favor in an action brought to quiet title to certain real estate. Action to determine adverse claims to real property. The complaint is substantially in the statutory form. It was adjudged in the court below that plaintiffs were the owners of an undivided one-half interest in the real property in controversy, defendant owing the other one-half interest, such respective interests being'subject to certain advances made by the parties for the purpose of protecting the title. Defendant…
1Opinion of the CourtEisk, J.
(After stating the facts as above). It will be seen from the above facts that plaintiffs deraign whatever title they have through a sheriff’s deed issued pursuant to an execution sale under a purported judgment rendered in an action wherein they were plaintiffs and one Ralph Maxwell was defendant, a transcript of which purported judgment was duly filed and docketed on April 10, 1905, in Sargent county, and thereupon such judgment, if valid, became a lien on all lands then owned by Maxwell in such county. Appellant claims, however, that Maxwell did not own such land at that time, but that he…
2Cases cited4 opinions
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1900
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1899
- Cornish v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Hagler v. KellyNorth Dakota Supreme Court · 1905
3Cited by5 opinions
- McDonald v. AbrahamNorth Dakota Supreme Court · 1947
- Crane v. First National Bank of McHenryNorth Dakota Supreme Court · 1913
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- Helman v. StrongNorth Dakota Supreme Court · 1916
- Kelsch v. MillerNorth Dakota Supreme Court · 1944