Schauble v. Schulz

Citations

• 137 F. 389
• 69 C.C.A. 581
• 1905 U.S. App. LEXIS 4551

Syllabus

<p>1. Adverse Possession—State Statutes—Retroactive Operation.</p> <p>Rev. Codes N. D. 1899, § 3491a, providing that all titles to real property vested in any person or persons, who have been or hereafter may be in actual, open, adverse, and undisputed possession of the land under such title for a period of ten years, and shall have paid all taxes and assessments legally levied thereon, shall be and the same are declared good and valid in law, etc., is retroactive in operation,- in that it gives effect to adverse possession and payment of taxes preceding its enactment.</p> <p>2. Same—Property Rights—Due Process of Law—Reasonable Period of Limitation.</p> <p>Rev. Codes N. D. 1899, § 3491a, providing for the creation of title by adverse possession for ten years, accompanied by payment of all taxes and assessments, is not unconstitutional, as a deprivation of property without due process of law, as against one who, at the time of the approval of such statute, had failed for nine years to assert any title to the premises or to pay taxes thereon, and who had at least a year after such approval in which to bring suit to recover possession; that being a reasonable time for that purpose.</p> <p>3. Same—Computation of Period.</p> <p>Under Rev. Codes N. D. 1899, § 3491a, providing for the establishment of title by adverse possession of ten years, together with payment of all taxes and assessments, the prescribed period begins with the adverse possession, and not on the date of the first payment of taxes accompanied by adverse possession.</p> <p>4. Same—Vendor and Purchaser—Contract to Convey—Fulfillment—Ef- . FECT.</p> <p>Possession of a vendee who entered under an executory contract of sale, and who subsequently received a conveyance in fulfillment thereof, was adverse from the time of his entry as to all but the vendor, and was adverse as to him from the date of the vendee’s compliance with the condition of the contract entitling him to a conveyance.</p> <p>[Ed. Note.—For c