North Dakota Supreme Court, 1898

Betts v. Signor

Betts v. Signor
North Dakota Supreme Court · Decided April 28, 1898 · Corliss
7 N.D. 399; 75 N.W. 781; 1898 N.D. LEXIS 81
Betts v. Signor

Cases that cite this one

9 later published cases cite this decision.

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Opinion of the Court

Corliss, C. J.

This case is governed by the decision of the court in Power v. Bowdle, 3 N. D. 107, 54 N. W. Rep. 404. The action was brought to quiet title under section 5904, Revised Codes, (formerly section 5449, Compiled Laws.) The defendant, by way of counterclaim, set forth in his answer his own ownership of the property, and prayed that his own title might be quieted. The pleading therefore discloses a counterclaim calling for a reply. We so held in the case just cited. It follows that the District Court erred in sustaining the demurrer to such counterclaim.

The order, sustaining the demurrer is therefore reversed.

All' concur.

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