The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-01-09

Oh. ].
Lauder & Lauder, and Purcell 4
Hedsr, Wahpeton, N. OAK, Attor.
neys for Appellant.
H. B. Thompesp, Milnor. N. OAK,
and Divet, Shure, Murphy & Thorp,
Fargo. N. Oak, Attorneys for
Respondent.
From Ranssy County
Plaintiff and Appellant
W.
Filings Skjeveland,
Defendant aud Respondent.
Syllabus:
~ In an action to recover dam.
ages resulting from = collision Of
two automobiles upon q highway
where the defendant answered dc.
nying negligence. alleging that the
plaintiff was 1t fault and asking
damages by way Of counterclainl,
and where there was ample evidence,
both in support Of the allegations Of
the complaint and Of the answer, il
was peculiarly the province Of the
jury to weigh the evidence and place
it's estimate upon the credibility Of
the witnesses.
(2) Where tho memorandum
opinion Of tho trial court negatives
the existence Of passion and preju.
dice ct the trial and tho record con.
tatns no indication Of its presence,
there can be no error IN denying the
motion tor . new trial on thie
ground.
(S) Where each party charged
the other with negligence, and where
all the evidence tended to show that
the plaintiff as he was meeting the
defendant turned toward his lett in.
stead OF his right, he claiming that
ne was acting in an emergency in
an attempt to avoid . collision, it
is not error to instruct upon the
question Of negligence, coupling with
such instruction q charge, with
special reference to the act Of the
plaintiff. that the jury should take
Into consideration the lack Of time
tor him to consider the necessity
for determining action, the condition
OF the ditch at his right, il shown,
the natural hesitancy Of any prudent |
man to drive into . ditch, and all the
facts. and circumstances Of the &C.
casion, and that he would not be con.
sidered negligent If he made an error
OF judgment such as an ordinarily |
prudent and cautious man might |
under the circumstances.
Appeal from the District Court Of |
Ramsey county, Hon. G. Crimson,
Judge.
Affirmed.
=. Opinion Of the Court by Birdsell,
Adamson & Wheat, Devils Lake, |
N. OAK, Attorneys for Appellant. |
w. NJ. Anderson and T. w. Nor.
risey. Devils Lake, N. OAK, Attor.
neys for Respondent.
From Divide County
Nellie Earnest, Plaintiff and Appel.
liant,
vs..
First National Bank Of Crosby.
North Dakota, . banking corpora.
ton, ct al, Defendants,
First National Bank Of Crosby.
North Dakota, a banking corpora.
ton. Defendant and Respondent.
Syllabus:
!. Open and notorious possession
and occupancy Of real property by
another than his grantor is sui.
[icient to charge . purchaser Of real
estate with knowledge Of the rights
of the occupant thereof; but this
rule is subject to exception and
when the party in possession holds
lease Of the property and the pur-
chaser knows Of the existence Of
;uch lease, he may attribute the
possession to such lease. Held. for
'easons stated in the opinion, that
n the instant case the facts arc not
UGH as to bring the case within this
to the rule.
2. Under Section 6598, c. L. 1918.
that an unrecorded instru-
nent is valid a. between the parties
hereto and those who have notice
hereof, IN uErocorded deed. under
which the occupant Of real prop
'rty claims title, is good against
Judgment creditor Of the original
wner who claims title under .
heriHS DEED issued pursusnt to
ale on execution on his judgment,
vhsre the occupant was In open and
otoylous possession Of the premises
nder her elalui Of title ct the time
DO Judgment was obtained, the ex,
cution issued: the sale .nade. and
he deed iosued.
3. One who is in open and notori-
us possession Of real property un-
er an unrecorded deed is not
stopped to assert her rights in the
roperty as against one who claims
nder . sh6yiff's deed issued puS.
uant to sale on execution on .
Judgment against her grsntor in IN
ctien to which she was not . party,
lerely because 1t the time the judg.
rent was taken, the execution is
ued, the sale made, and the deed is
ued, che did not assert her claim.
Appeal from the Districs Court Of
divide County, Hon. John G. Lowe.
Judge.
Action to quiet title to real prop.
rty. From : Judgment for the dc.
sndant. PLAINTIFF appeals.
Reversed with directions.
e. r, Sinkler and G. 0. Brekke,
{ Minot, attorneys for appellant.
Geo. p. Homes, Of Crosby, attor.
ey for respondent.
From Richland County
!. w. Powell,
Plaintiff and Appollsatl
W.
outs Bach and Anna Bach,
Dstsndsnts.I
,nna Bosch,
D63endaut and Respondent.
yllsbue:
!. A application for the vacation
l,..,s Ssf: y 5gdEns;nt :9d sor PER,