Nelson v. Thompson
North Dakota Supreme Court
Appeal from District Court, Grand Forks -county; Fisk, J. Action by Torber Nelson and others against Julia Thompson. From a judgment for plaintiffs, defendant appeals. One who knowingly, though passively, suffers another to purchase and expend money on land, without disclosing his claim, cannot exercise his legal right against such person. Kirk v. Hamilton, 102 U. S. 68, 26 .L. Ed. 79; Town v. Needham, 25 Am. Dec. 246; Starrs v. Barker, 10 Am.
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Appeal from District Court, Grand Forks -county; Fisk, J. Action by Torber Nelson and others against Julia Thompson. From a judgment for plaintiffs, defendant appeals. One who knowingly, though passively, suffers another to purchase and expend money on land, without disclosing his claim, cannot exercise his legal right against such person. Kirk v. Hamilton, 102 U. S. 68, 26 .L. Ed. 79; Town v. Needham, 25 Am. Dec. 246; Starrs v. Barker, 10 Am. Dec. 316; Brown v. Bowen; 30 N. Y. 519; Brown v. Bowen, 86 Am. Dec. 406; Anderson v. Hubbell, 47 A. R. 394; Fletcher v. Flolmes, 25 Ind. 458; Blair v.…
1DissentMorgan, J.
I dissent from the conclusion reached on the question of fact as to the competency of Kittel Olson to make a valid deed. In my opinion the evidence conclusively shows him to have been incompetent under the rule announced in the opinion of the majority. No useful purpose will result from a discussion of the evidence on which I reach my conclusion.
2Cited by1 opinion
- Nelson v. ThompsonNorth Dakota Supreme Court · 1907