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.