Hebden v. Bina
North Dakota Supreme Court
Appeal from District 'Court, Walsh county; Kneeshaw, J. Action by G. C. Hebden against Matj. Bina. Judgment for defendant, and plaintiff appeals. An assignment is sufficient that charges persons with knowledge that the mortgage is assigned. Viele v. Judson, 82 N. Y. 32. Government receiver’s receipt vests beneficial interest. Bowne v. Walcott, 1 N. D. 4-15, 48 N. W. 336. Law presumes legal title from possession. 28 Am. & Eng. Enc.
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Appeal from District 'Court, Walsh county; Kneeshaw, J. Action by G. C. Hebden against Matj. Bina. Judgment for defendant, and plaintiff appeals. An assignment is sufficient that charges persons with knowledge that the mortgage is assigned. Viele v. Judson, 82 N. Y. 32. Government receiver’s receipt vests beneficial interest. Bowne v. Walcott, 1 N. D. 4-15, 48 N. W. 336. Law presumes legal title from possession. 28 Am. & Eng. Enc. Law, 233; Herrick v. Churchill, 29 N. W. 129; Dever v. Cornwell, 10 N. D. 123, 86 N. W. 227; Stuart v. Lowry, 51 N. W. 662; Hannah v. Chase. 4 N. D. 351, 61 N. W.…
1Opinion of the CourtFisk, J.
This is the statutory action to determine adverse-claims to real property. The complaint is in the usual form, alleging plaintiff’s ownership in fee of the property in question, and that defendant claims a certain estate or interest therein adversely to plaintiff, and containing the usual prayer for relief. The defendant, Bina, answered, denying plaintiff’s title, -but admitting that he claims an estate or interest in the property as alleged, without setting out the nature or source of such adverse interest, and he •prayed merely for a dismissal of the action with costs. For the purpose of…
2Cases cited32 opinions
- Pennie v. HildrethCalifornia Supreme Court · 1889
- McKie v. AndersonTexas Supreme Court · 1890
- Franklin v. MeridaCalifornia Supreme Court · 1868
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Morrison v. MendenhallSupreme Court of Minnesota · 1872
27 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Robertson v. BrownNorth Dakota Supreme Court · 1947
- D. S. B. Johnston Land Co. v. MitchellNorth Dakota Supreme Court · 1915
- Wilson v. Divide CountyNorth Dakota Supreme Court · 1956
- Eikevik v. LeeNorth Dakota Supreme Court · 1944
8 more not listed; retrieve them via the Exa API.