The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-08
DECISIONS OF THE
SUPREME COURT

In the Supreme Court, State of
North Dakota, October 1912. term.
Wade Parsons, by T. J. Parsons,
guardian ad litem, plaintiff and re-
spondent, VS.. Oscar G. Lee, Hulda A.
Lee and Orna N, Lee. defendants and
appellants,
quarter section of land and seeks to
have it set aside on the ground of
mental incompetency.
ID Evidence examined and held,
that the plaintiff was of unsound mind
at the time of the execution of the
deed. Further held that the allega-,
tons of the complaint to the effect
that plaintiff was afflicted with fits
or periods of mental incompetency
incompetent at the time of the eXecu-
tion Of the deed is properly supported
by evidence that the plaintiff vas an
iepileptic and feeble minded all his
life.
c(2) Evidence examined and held
that the plaintiff received the sun of
$3.50 in cash at the time of the execu-
ton of the deed, In the absence of
an allegation in the complaint that
the grantee acted with a fraudulent
intent it is held that plaintiff should
be required to return said sun as a.
condition to the cancellation of the
deed.
Syllabus by the court.
Appealed from the district court of
Ward county, Goss, J.,
Modified and affirmed. Opinion by
ID. G. Greenleaf of Minot and George
"A. MCGEE of Minot, attorneys for APP
pellants; Palda, Aaker & Green, of
Minot, attorneys for respondent.
A. T. Christ and the Golden Valley
Land and Cattle Company, for the
use an dbenefit ofsaid "A. Il. Christ,
and John Weber and Mary Weber. his
wife, for the use and benefit of said
A. T.. Christ. Plaintiffs and Respond
ents, VS.. John tombstone and Carrie
tombstone by =. A. Miller, her
guardian ad Item, Defendants and
appellants.
(1) Section 1929 r. g. 1905 COM
monty known as the Newman act. is
not in itself a complete enactment up
on appeals, but is an incident of the
general appeal law covered by Chap
ter Is of the 1906 Revised Codes. It's
provisions apply to equity cases tried
by the jury wherein the appellant
desires the supreme court to retry
some or all of the issues OF fact. il
appellant is satisfied with the findings
of fact made by the trial court but
appeals from the judgment entered
thereon he has a right to such APP
peal without demanding a retriaI of
any issue of fact. In such appeal this
court will assume that all questions
of fact have been properly decided
by the trial court and will only deter
mine whether or not the judgment
entered and the conclusions of law
announced are supported by the find
ings of fact. The appeal in such a
case is governed by all Of the sections
OF said Chapter is, including section
1905, and may be from the whole or
any part of such Judgment.
(2) The trial court found among
other things that the nominal plain
tiff herein should recover a personal
Judgment against the defendants for
the use Of certain lands for certain
ings of fact such nominal plaintiff
is entitled to no Judgment excepting
as might be obtained by the use plain
tiff had the action been brought in
the name of the said use plaintiff. AS
it is undisputed that the. use plaintiff
was not the owner of the land dur
ing four of the years in question. and
had received ne assignment Of the
cause Of action, said use plaintin was
not emitted 10 judgment Tor the use,
of the lands for these years, and the
nominal plaintiff was not entitled TO
the Judgment entered. Judgment re-
duced in accordance with the facts
stated in the opinion.
Syllabus by the court.
Appealed from the district court OF
Billings county.
Nuchols. J..
Modified. Opinion BY Burke, j.
Purcell Il Divet of Wahpeton. r. II.
Murtha OF Dickinson. attorneys for
plaintiffs and respondents.
Heffron q Baird of Dickinson. II
"A. Miller of Beach, attorneys for de-
PENDANTS and appellants.