(Download) "Andrew Robertson v. F. Cecil Brown and" by Supreme Court of North Dakota * Book PDF Kindle ePub Free
eBook details
- Title: Andrew Robertson v. F. Cecil Brown and
- Author : Supreme Court of North Dakota
- Release Date : January 27, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The plaintiff, Andrew Robertson, commenced this action on February 7, 1944, to quiet title to a quarter section of land in McHenry County. The defendants answered setting forth that the defendant F. Cecil Brown is the son and tenant of F. C. Brown who claims to be the owner of the premises by virtue of a deed from McHenry County. They deny that the plaintiff is the owner of the premises and ask that title thereto be quieted in F. C. Brown as to the claims of the plaintiff. During the course of various hearings and proceedings, a motion was made to substitute one G. R. Van Sickle as plaintiff. A hearing on this motion was held in connection with the trial on the merits. The motion for substitution was withdrawn after the hearing and a motion to substitute J. R. Carley was made. After the submission of further evidence the latter motion was denied and Andrew Robertson remains as plaintiff in the action. The appeal is from the judgment only and the sole issue is whether the Conclusions of law and judgment are supported by the court's findings of fact. The findings of fact disclose the following with respect to the title and interest in the land claimed by the plaintiff. On September 5, 1906, the United States issued a patent to William Jordon who on May 5, 1916, conveyed by warranty deed to Ray S. Dutton. Ray S. Dutton and wife conveyed the premises by warranty deed to H. H. Bergh on May 26, 1916, who on August 18, 1919, conveyed by warranty deed to A. I. Hunter and J. R. Carley. All of the foregoing deeds were duly recorded. On June 10, 1942, J. R. Carley gave to Andrew Robertson, the plaintiff herein, a quitclaim deed of all right, title, interest and estate in and to the property. This deed was never recorded and was produced and offered in evidence at the trial by G. R. Van Sickle. On February 15, 1945, Andrew Robertson delivered to G. R. Van Sickle a quitclaim deed in blank, purporting to convey all right, title, interest, and estate of the grantor in and to the premises. This deed was never recorded and was produced and offered in evidence at the trial by Van Sickle. A. I. Hunter has been dead for many years. J. R. Carley died February 20, 1944.