Cache Private Capital Diversified Fund v. Braddock, et al.
Citations
- 2025 ND 168
Syllabus
Valid service of process is necessary to assert personal jurisdiction over a defendant. Once a prima facie showing of valid service has been presented, the burden shifts to the defendant to present facts and documentation to establish service of process was insufficient. Eviction actions are not joinable with other actions, and counterclaims and defenses may not be interposed except as a setoff to a demand made for damages, rents, or profits. A contract for deed may be canceled by statutory cancellation. By following the statutes' strict guidelines, a vendor cancels the contract for deed by operation of law. Upon cancellation, the vendee's interest in the property terminates, and the vendee is required to return possession of the property to the vendor. If the vendee fails to return possession of the property, the vendee is in wrongful possession of the property, and an eviction is proper.
Judges: Bahr, Douglas Alan
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2 cases in this archive cite this case.
Cites
17 cases in this archive are cited by this case.
- Markgraf v. WelkerNorth Dakota Supreme Court· 2015-12-31· cited 32×
- Monster Heavy Haulers, LLC v. Goliath Energy Services, LLCNorth Dakota Supreme Court· 2016-09-02· cited 21×
- Stephenson v. StephensonNorth Dakota Supreme Court· 2011-03-22· cited 21×
- Dakota Bank & Trust Co. of Fargo v. Federal Land Bank of Saint PaulNorth Dakota Supreme Court· 1989-03-21· cited 19×
- Rudnitski v. SeelySupreme Court of Minnesota· 1990-03-16· cited 18×
- Bendish v. CastilloNorth Dakota Supreme Court· 2012-02-17· cited 18×
- Gessner v. City of MinotNorth Dakota Supreme Court· 1998-08-18· cited 15×
- Locken v. LockenSouth Dakota Supreme Court· 2011-05-11· cited 14×
- Locken v. LockenNorth Dakota Supreme Court· 2011-05-11· cited 12×
- Langness v. Fencil Urethane Systems, Inc.North Dakota Supreme Court· 2003-08-20· cited 10×
- Johnson v. GrayNorth Dakota Supreme Court· 1978-05-03· cited 10×
- WSI v. OdenNorth Dakota Supreme Court· 2020-11-19· cited 8×
- Boutrous v. Transform Operating StoresNorth Dakota Supreme Court· 2023-03-03· cited 4×
- Estate of Glasoe v. Williams CountyNorth Dakota Supreme Court· 2016-01-19· cited 2×
- Nagle v. NagleNorth Dakota Supreme Court· 2025-05-08· cited 2×
- Van Beek v. Van BeekNorth Dakota Supreme Court· 2025-05-22· cited 2×
- Axvig v. CzajkowskiNorth Dakota Supreme Court· 2025-07-17· cited 2×
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