Parsons v. Venzke
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Octavia J. Parsons against Gustav Venzke and others. From a judgment for defendants, plaintiff appeals. When a patent for land is issued by mistake, inadvertance or other cause to parties not entitled thereto, they will be declared trustee’s of the true owner.
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Appeal from District Court, Richland County; Lauder, J. Action by Octavia J. Parsons against Gustav Venzke and others. From a judgment for defendants, plaintiff appeals. When a patent for land is issued by mistake, inadvertance or other cause to parties not entitled thereto, they will be declared trustee’s of the true owner. Johnson v. Towsley, 13 Wall. 72; Stark v. Stars, 6 Wall. 402; Lindsey v. Hawes, 2 Black. 554; Cornelius v. Kessell, 128 U. S. 456; Widdcombe v. Childers, 124 U. S. 400; Moore v. Robbins, 96 U. S. 530; Bernier v. Bernier, 147 U. S. 242. An executive officer does not have…
1Opinion of the CourtCorliss, J.
The plaintiff’s theory of action, as disclosed by his complaint, is not the one that was developed upon the trial. The complaint is framed under § 5449, Comp. Laws, to try an adverse claim to plaintiff’s alleged title. The pleading contains an allegation that the plaintiff is the owner in fee simple of the land in question. On the trial it appeared that the plaintiff was not the owner in fee simple; that he did not pretend to hold the legal title; but that, on the contrary, he was seeking by this action to have the defendant, who' held the legal title, adjudged to be a mere trustee for the…
2Cases cited32 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Caha v. United StatesSupreme Court of the United States · 1894
- Quinby v. ConlanSupreme Court of the United States · 1882
27 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gage v. GuntherCalifornia Supreme Court · 1902
- Wiseman v. EastmanWashington Supreme Court · 1899
- Brokken v. BaumannNorth Dakota Supreme Court · 1901
- Walls v. EvansWyoming Supreme Court · 1928
- Caldwell v. BushWyoming Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.