Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1914-03-12
costs OF the disbarment action.

costs OF the disbarment action.
In closing, the Record will state that
Lynn has not been disbarred and is not
likely to be disbarrcd. 1t does not seem
probable that the supreme court would
find that the Patterson Land Company
must pay Lynn for the work he did in
securing the titles If the work Of sccur-
ing the same had been fraudulent.
Following is the finding of the court
in the other casc-thc one relative to the
title TO the lands in question::
In Supreme Court, State of North Da-
kota.
Patterson Land Company. plaintiff and
appellant, VS.. Geo. w. Lynn, defendant
and respondent.
~ Plaintiff must recover upon the
strength of its own title, but in the case
at bar such title is shown by deed from
Emmons county, fair upon its face and
good against all the world. except the
former fee owners The defendant not
being in position to attack the validity
of the plaintiffs title. il is sufficient 10
support the action.
(2) Evidence examined, and held,
that there was no fraud in the transac-
tons by which plaintiff obtained the
deeds from Emmons county.
t3) Defendant was never in posi-
ton to attack decree obtained by the
plaintiffs grantor, quoting title in the
lands.
(4) Defendant. as states attorney of
Emmons county, owed duty to the
county to perfect its title to the lands IN
suit. and he is estopped even after his
term of office is expired. to buy antag-
onistic titles and assert ownership in the
lands against the county or its grantee.
Actual fraud need not be shown, nor any
intentional violation of trust. II may be
| conceded that defendant acted in an
honest. though mistaken. belief that he
had d right to buy the outstanding titles.
The law says that he must not buy, and
if he does so, it will tc conclusively
presumed that he purchased for tho
county.
t5) Evidence examined, and held
that while the relation of attorney and
client may not be shown to have existed
between defendant and plaintiffs
grantor. still the circumstances related
in the opinion tends to strengthen the
conclusion reached in the foregoing par
agraph
| 10y Certain stipulations between the
plaintiff and defendant in former ac-
ton, examined and held 10 be fraud
upon the court and are therefore Sc,
aside.
| az Defendants correspondence with
the former fee owners examined and
held that defendant was endcavoring tc
obtain what he considered perfect title
to the land, subject only to the lien Of
the taxes. under the Wood Law, bu'
that he was estopped from acquiring
such title.
| 81 The defendant is an involuntary
trustee for the benefit of Emmons
county and its grantor.
| O Two Of the quarter sections in
volved in the litigation were acquired
by defendant through the foreclosure OF
mortgages given by the former fee own.
crs; held that it does not change the
situation in any particular.
i QW Certain amcnements to the COM
plant considered and held they were
improperly rejected by the trial court.
Judgment entered ordering the de.
fendant TO convey the lands to plaintiff
TO obtaining title and for improvements
o''' ba|NSo, ~ any pniu Wy iIuLs
Syllabus by the Court.
Il Appeal from the District Court of EN-.
mons county, Winchester, J.
Reversed. Opinion of the court by
Burke, j.
i Watson g. Young, of Fargo, N. D., AT.
torneys for Plaintiff and Appellant.
George w. Newton and r. N. Stevens
of Bismarck. N. D.. and H. c. Lynn, OF
Linton, N. D.. attorneys for Defendant
and Respondent.
! Incidentally, the case is not closed.
MIR. Lynn is arranging to secure re.
hearing before The supreme court and il
will probably be some time before The
land cases are entirely disposed of. A:
it is now, each side has received one Sc
rious defeat. Lynn won in district
court, forcing the Patterson Land Com.
pany TO start the expense of appeal
Now, the supreme court has given the
Patterson Land Company decision
forcing Lynn to reopen the case. TIL.
| next scrap will probably end the matter