Tyler v. Shea
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by R. S. Tyler against James Shea, administer of the estate of Edward A. Schram, and others; for the possession of real estate. From a conditional judgment in favor of defendants, and from an order denying his application for execution thereon, plaintiff appeals. Appeal from judgment dismissed.
Read the full summary
Appeal from District Court, Richland County; Lauder, J. Action by R. S. Tyler against James Shea, administer of the estate of Edward A. Schram, and others; for the possession of real estate. From a conditional judgment in favor of defendants, and from an order denying his application for execution thereon, plaintiff appeals. Appeal from judgment dismissed. The default of November 1st, 1892 and appellants action thereupon entitled appellant to possession of the px-emises under the terms of the contract. Iowa R. R. Land Co. v. Mickel, 41 la. 402; Thurston v. Arnold, 43 la. 43; 1 Smiths L.…
1Opinion of the CourtCorliss, J.
We have two appeals before us in this case, — one is from the judgment, and the other from an order made after judgment. The plaintiff is appellant in both appeals. The action was instituted to recover possession of certain real estate. The defense was that the plaintiff had agreed to sell this land to Edward A. Schram, and that Schram had not made default in performing his contract, but had at all times been, and his heirs still were, willing and able to perform the same; and the prayer of the answer was that plaintiff might be decreed to convey the land according to the contract, on…
2Cases cited44 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Embry v. PalmerSupreme Court of the United States · 1883
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Jasper v. HazenNorth Dakota Supreme Court · 1894
39 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Carle v. CarleTexas Supreme Court · 1950
- Gajewski v. BratcherNorth Dakota Supreme Court · 1976
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902
- Hoellinger v. HoellingerNorth Dakota Supreme Court · 1918
- Lesser & Son v. SeymourCalifornia Supreme Court · 1950
65 more not listed; retrieve them via the Exa API.