The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-06-29
COURT SUSTA|NS
THE M|N0T BOARD
Decision Now at Hand Per-
mits the Building to
Proceed.

Bismarck, June 2s.-In a decision
which comes from the supreme court
the location of the site for the nor
NAL school at Minot appears to be
settled. The matter has been in the
courts for over a year now. People
at Minot were unable to agree on a
site, n the one selected by the state
normal school board is the one settled
by the court. The syllabus is as fol-
lows:
c. A. Grow and F. w. Youngman,
plaintiffs and appellants. VS.. E. j. Tay-
Tor. ct al. defendants and respond
ents.
L. Where the board of normal
trustees of the state of North Dakota
passed a resolution to the effect that
the selection of a cite to contain at
least sixty acres OF ground, in accord
with the legislative act establishing
such school. Warranty deeds Of the
tract selected together with abstract
of title showing the property to be
free from encumbrances Of any kind
or nature to- be furnished this board,
title in the name of the state of North
Dakota, not later than June 9th. same
to be presented to the board at its
Mayville meeting on the ate above
mentioned, otherwise the location as
made under this vote and motion to
be null and void and in no wise bind
ing upon this board or the state of
North Dakota" said resolution called
a m~erchantable abstract Of said sixty
acres not later than the eth day Of
June.
2. An abstract is not merchantable
which needs to be supported by parole
evidence. and since the abstract in
question disclosed the fact that on
said tract OF land venue and alleys
had been dedicated to the public and
mat said avenues and alleys had never
been revoked. cancelled. vacated or
set aside, and also disclosed an I'M
satisfied mortgage upon ~unrecorded
oil and gas leases, such abstract was
not a merchantable or marketable alb
stract.
8. The mere fact that a donation
or dedication had first been offered
by the citizens of Minot to the board
is of no importance. A donation or
dedication. in order to be binding up
on the donee or grantee. must be ac-
cepted. In the case al bar there is
no proof of an acceptance. but rather
of a counter offer or proposal, which,
In turn. the proof does not show to
have been accepted by the plaintiffs,
by compliance with the terms thereof.
oAi0SA II idSSS uloNIOSCu j L 10
held that a delivery of a deed to one
Of the members of said normal board
and the subsequent recording of said
deed by h grantors did not consti-
tute either an acceptance by fulfill
ment of the counter proposal of the
board by the donors. or III acceptance
by the board itself. 1t not being shown
to accept the said deed, or that the
abstract demanded had upon its face
shown a marketable title, or that the
defects therein had been waived by
the said board.
5. In an action to enjoin a board
of trustees from selecting a site for
the location of a normal school, and
the establishment Of such school there
on. on ccou of the alleged fact that
said board has already accepted a
prior offer for a location, it must be
shown that the plaintiffs and directors
have an actual interest in the prior
location. Where it is shown that the
prior location was offered nominally
and generally by the citizens of a. town
but actually by two persons, and the
record discloses hat only one of such
persons has legal title to the land Of
fered. and the other merely a specula-
tive interest in the proceeds of the
sale thereof. and in the advantage TO
be derived to other property from the
location. and such prior person dis
misses his appeal. the latter has no
privity OF mutually of contract be-
tween him and the defendant board
which will entitle him to maintain an
action of specific performance or such
injunction proceedings.
(Syllabus by the court.)
Appeal from the district court of
Ward county. Templeton, ].
Application for permanent writ of
injunction restraining defendants
from proceedings to the selection of
d certain site for. and the erection of,
certain buildings for the Minot nor
NAL school. Judgment for the de-
PENDANTS.
Affirmed.