Larison v. Wilbur
North Dakota Supreme Court
A PPEAL from district court, Stutsman county; Hon. Rod-/I erick Rose, Judge. The oral contract made before the plaintiff made final entry was confessedly void, but the written contract made afterwards entirely supersedes the former: § 3545 Compiled Laws. The inhibition of the United States Statutes applies only while the land belongs to the government: Sutphen v. Sutphen, 2 Pac.
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A PPEAL from district court, Stutsman county; Hon. Rod-/I erick Rose, Judge. The oral contract made before the plaintiff made final entry was confessedly void, but the written contract made afterwards entirely supersedes the former: § 3545 Compiled Laws. The inhibition of the United States Statutes applies only while the land belongs to the government: Sutphen v. Sutphen, 2 Pac. Rep. 100. The second contract is not connected with the illegal act, is founded on new consideration, and is valid: Armstrong v. Soler, 11 Wheat. 258; Fidler v. Norton, 30 N. W. 135. The question of forfeiture by the…
1Opinion of the CourtBartholomew, J.
Plaintiff in his complaint alleged that on and prior to November 12, 1884, he was the owner in fee of certain real estate situated in Benson county, in the then territory of Dakota; that he held a patent for such land from the United States, and that on said November 12,1884, entered into an agreement with defendants under the name of D. L. Wilbur, trustee, for the sale of said lands as follows: “This agreement made and entered into this 12th day of November, A. D. 1884, by and between Thomas J. Larison and Catherine A. Larison, his wife, of Benson county, D. T., of the first part, and D. L.…
2Cases cited3 opinions
- Railroad Co. v. DurantSupreme Court of the United States · 1877
- Snow v. FlannerySupreme Court of Iowa · 1860
- Sutphen v. SutphenSupreme Court of Kansas · 1883
3Cited by5 opinions
- Semer v. Auditor GeneralMichigan Supreme Court · 1903
- Ziegele v. Richelieu & Ontario Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Fleischer v. FleischerNorth Dakota Supreme Court · 1902
- McMillen v. GerstleSupreme Court of Colorado · 1893
- Ziegele v. Richelieu & Ontario Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1896