Legal Opinion

Rasmussen v. Hagler

North Dakota Supreme Court

Decided June 20, 1906PublishedCited by 4 opinions

Appeal from District Court, Wells county; Burke, J. Action by Frederik Rasmussen against W. C. Hagler. Judgment for plaintiff, and defendant appeals. The confession is good under statute and authorities.

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Appeal from District Court, Wells county; Burke, J. Action by Frederik Rasmussen against W. C. Hagler. Judgment for plaintiff, and defendant appeals. The confession is good under statute and authorities. Kendig v. Marble, 12 N. W. 584; Brown v. Barngrover, 47 N. W. 1082; Dullard v. Phelan, 50 N. W. 204; Briggs v. Yetzer, 72 N. W. 647; Atwater v. Bank, 48 N. W. 187. The attack upon the judgment is collateral, and nothing short of a fatal jurisdictional defect appearing on the face of the record will avail defendant. NVII Enc. Law, 1042, note 6; Morse v. Presby, 25 N. H. 299, 303; Purcell v.…

1Opinion of the CourtYoung, J.

This is an action to determine adverse claims to certain real estate situated in Wells county, of which the plaintiff alleges he is the owner. The land in controversy was owned by one John Pifer on April 20, 1901, and he is the common source of the title and interest claimed by the parties to this action. The plaintiff holds under a warranty deed executed on October 26, 1901, by Pifer and wife, and recorded on the 29th of that month. The defendant’s claim rests upon a purchase of the premises on April 5, 1904, at an execution sale under an alleged judgment in his favor and against John Pifer…

2Cases cited5 opinions

  1. Adams v. CowlesSupreme Court of Missouri · 1888
  2. Richards v. BarlowMassachusetts Supreme Judicial Court · 1885
  3. Holmes v. BemisIllinois Supreme Court · 1888
  4. Welch v. TipperyNebraska Supreme Court · 1903
  5. Patterson v. PyleSupreme Court of Pennsylvania · 1889

3Cited by4 opinions

  1. Underwood Farmers Elevator v. LeidholmNorth Dakota Supreme Court · 1990
  2. Raymor v. Michigan Trust Co.Michigan Supreme Court · 1911
  3. Wieler v. DiverIndiana Court of Appeals · 1922
  4. Underwood Farmers Elevator v. LeidholmNorth Dakota Supreme Court · 1990

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