prudent person upon inquiry (North Dakota) · Go Syfert
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prudent person upon inquiry in North Dakota

18 North Dakota opinions name it 1 courts 1982–2021 1 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Burlington Northern, Inc. v. Hallgreen
nd · 1982 · cited in 4 North Dakota opinions naming this issue, 1988–2011
2 sentences

2011(Emphasis supplied). [¶ 54] In Burlington Northern, Inc. v. Hall, 322 N.W.2d 233, 238 (N.D.1982), we stated that one who has knowledge of the facts sufficient to put a prudent person upon inquiry with regard to the existence of an unrecorded deed but fails to make that inquiry cannot claim to be a bona fide purchaser under the recording act.

2011(Emphasis supplied). [¶54] In Burlington Northern, Inc. v. Hall , 322 NW.2d 233, 238 (N.D. 1982), we stated that one who has knowledge of the facts sufficient to put a prudent person upon inquiry with regard to the existence of an unrecorded deed but fails to make that inquiry cannot claim to be a bona fide purchaser under the recording act.

44
Hunt Trust Estate v. Kikergreen
nd · 1978 · cited in 3 North Dakota opinions naming this issue, 1999–2011
2 sentences

2011See Hunt Trust Estate v. Kiker, 269 N.W.2d 377, 381 (N.D.1978) (citing Pierce Tp. of Barnes County v. Ernie, 74 N.D. 16 , 19 N.W.2d 755 (1945)).

2011See Hunt Trust Estate v. Kiker , 269 N.W.2d 377, 381 (N.D. 1978) (citing Pierce Tp. of Barnes County v. Ernie , 74 N.D. 16 , 19 N.W.2d 755 (1945)).

33
Williston Cooperative Credit Union v. Fossumgreen
nd · 1988 · cited in 3 North Dakota opinions naming this issue, 1990–2011
2 sentences

2011Williston Cooperative Credit Union v. Fossum, 427 N.W.2d 804, 807 (N.D.1988) (“One with actual knowledge of facts which would put a prudent person upon inquiry as to the claims of others in the property is deemed to have constructive notice of only those facts which an inquiry would have revealed.”) (emphasis added).

2011Williston Cooperative Credit Union v. Fossum , 427 N.W.2d 804, 807 (N.D. 1988) (“One with actual knowledge of facts which would put a prudent person upon inquiry as to the claims of others in the property is deemed to have constructive notice of only those facts which an inquiry would have revealed.”) (emphasis added).

23
Pierce Township v. Erniegreen
nd · 1945 · cited in 3 North Dakota opinions naming this issue, 1982–2011
2 sentences

2011See Hunt Trust Estate v. Kiker, 269 N.W.2d 377, 381 (N.D.1978) (citing Pierce Tp. of Barnes County v. Ernie, 74 N.D. 16 , 19 N.W.2d 755 (1945)).

2011See Hunt Trust Estate v. Kiker, 269 N.W.2d 377, 381 (N.D.1978) (citing Pierce Tp. of Barnes County v. Ernie, 74 N.D. 16 , 19 N.W.2d 755 (1945)).

23
Bakken v. Duchschergreen
nd · 2013 · cited in 2 North Dakota opinions naming this issue, 2016–2016
2 sentences

2016See Bakken v. Duchscher, 2013 ND 33, ¶ 15 , 827 N.W.2d 17 . [¶24] In this case, the district court noted the 1985 deed was duly recorded and the reference in the deed to joint tenants when only one grantee was named constituted an “obvious error” sufficient to put a prudent person upon inquiry under N.D.C.C. § 1-01-25.

2016See Bakken v. Duchscher , 2013 ND 33, ¶ 15 , 827 N.W.2d 17 . [¶24] In this case, the district court noted the 1985 deed was duly recorded and the reference in the deed to joint tenants when only one grantee was named constituted an “obvious error” sufficient to put a prudent person upon inquiry under N.D.C.C. § 1-01-25.

22
Bakken v. Duchschergreen
nd · 2013 · cited in 2 North Dakota opinions naming this issue, 2016–2016
2 sentences

2016See Bakken v. Duchscher, 2013 ND 33, ¶ 15 , 827 N.W.2d 17 . [¶24] In this case, the district court noted the 1985 deed was duly recorded and the reference in the deed to joint tenants when only one grantee was named constituted an “obvious error” sufficient to put a prudent person upon inquiry under N.D.C.C. § 1-01-25.

2016See Bakken v. Duchscher , 2013 ND 33, ¶ 15 , 827 N.W.2d 17 . [¶24] In this case, the district court noted the 1985 deed was duly recorded and the reference in the deed to joint tenants when only one grantee was named constituted an “obvious error” sufficient to put a prudent person upon inquiry under N.D.C.C. § 1-01-25.

22
Nygaard v. Robinsongreen
nd · 1983 · cited in 3 North Dakota opinions naming this issue, 1996–2013
2 sentences

2013Id. [¶21] Murex contends Creighton had notice of circumstances sufficient to put a prudent person upon inquiry about a mistake in Holt’s lease.

2013Id. [¶ 21] Murex contends Creighton had notice of circumstances sufficient to put a prudent person upon inquiry about a mistake in Holt’s lease.

13
Agricultural Credit Corp. v. North Dakotagreen
nd · 1945 · cited in 2 North Dakota opinions naming this issue, 1982–1982
2 sentences

1982Burlington Northern, Inc. v. Hall, 322 *260 N.W.2d 233, 242 (N.D.1982); City of Bismarck v. Casey, 77 N.D. 295 , 43 N.W.2d 372 (1950); Agricultural Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78, 81 (1945).

1982Burlington Northern, Inc. v. Hall, 322 *260 N.W.2d 233, 242 (N.D.1982); City of Bismarck v. Casey, 77 N.D. 295 , 43 N.W.2d 372 (1950); Agricultural Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78, 81 (1945).

12
Breyer v. Galegreen
nd · 1925 · cited in 1 North Dakota opinions naming this issue, 2017–2017
2 sentences

2017In Breyer v. Gale, 53 N.D. 439 , 207 N.W. 46, 47 (1925), a judgment docketed against A.N.

2017In Breyer v. Gale, 53 N.D. 439 , 207 N.W. 46, 47 (1925), a judgment docketed against A.N.

11
Earth Builders, Inc. v. State Ex Rel. State Highway Departmentgreen
nd · 1982 · cited in 1 North Dakota opinions naming this issue, 1996–1996
2 sentences

1996Nygaard v. Robinson, 341 N.W.2d 349, 355-56 (N.D.1983); Earth Builders, Inc. v. State, 325 N.W.2d 258, 259 (N.D.1982); Burlington Northern, Inc. v. Hall, 322 N.W.2d 233, 242 (N.D.1982).

1996Nygaard v. Robinson, 341 N.W.2d 349, 355-56 (N.D.1983); Earth Builders, Inc. v. State, 325 N.W.2d 258, 259 (N.D.1982); Burlington Northern, Inc. v. Hall, 322 N.W.2d 233, 242 (N.D.1982).

11
Putnam v. Dickinsongreen
nd · 1966 · cited in 1 North Dakota opinions naming this issue, 1988–1988
1 sentence

1988See Burlington Northern, Inc. v. Hall, 322 N.W.2d 233, 238 (N.D.1982); Putnam v. Dickinson, 142 N.W.2d 111, 122 (N.D.1966).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Erway v. Deck green
nd · 1999
2 sentences

2021A person who has “actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.” N.D.C.C. § 1-01-25; Erway v. Deck, 1999 ND 7, ¶ 10 , 588 N.W.2d 862 .

2017A person who has “actual notice of circumstances'sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make ;sueh inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.” N.D.C.C. § 1-01-25; Erway v. Deck, 1999 ND 7, ¶ 10 , 588 N.W.2d 862 .

32016–2021
Erway v. Deck green
nd · 1999
2 sentences

2021A person who has “actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.” N.D.C.C. § 1-01-25; Erway v. Deck, 1999 ND 7, ¶ 10 , 588 N.W.2d 862 .

2017A person who has “actual notice of circumstances'sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make ;sueh inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.” N.D.C.C. § 1-01-25; Erway v. Deck, 1999 ND 7, ¶ 10 , 588 N.W.2d 862 .

32016–2021
City of Bismarck v. Casey green
nd · 1950
2 sentences

1982Burlington Northern, Inc. v. Hall, 322 *260 N.W.2d 233, 242 (N.D.1982); City of Bismarck v. Casey, 77 N.D. 295 , 43 N.W.2d 372 (1950); Agricultural Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78, 81 (1945).

1982Burlington Northern, Inc. v. Hall, 322 *260 N.W.2d 233, 242 (N.D.1982); City of Bismarck v. Casey, 77 N.D. 295 , 43 N.W.2d 372 (1950); Agricultural Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78, 81 (1945).

21982–1982
Hoffer v. Crawford green
nd · 1954
1 sentence

2017Section 1-01-25, N.D.C.C., defines. constructive notice and provides, “[e]very person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.” In Hoffer, this Court determined subsequent purchasers with no information about any irregularities in the previous conveyance were good-faith purchasers for value without notice. 65 N.W.2d at 633 . [IT 21] Here, unlike Hoffer, the district court determined there were facts which pu

12017–2017
Farmers Union Oil Co. of Garrison v. Smetana green
nd · 2009
2 sentences

2014Smetana, 2009 ND 74, ¶ 16 , 764 N.W.2d 665 .

2014Smetana, 2009 ND 74, ¶ 16 , 764 N.W.2d 665 .

12014–2014
Shauer v. Alterton green
· 1894
2 sentences

1982Shauer v. Alterton, 151 U.S. 607 , 14 S.Ct. 442 , 38 L.Ed. 286 (1894); Agriculture Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78 (1945); Doran v. Dazey, 5 N.D. 167 , 64 N.W. 1023 (1895).

1982Shauer v. Alterton, 151 U.S. 607 , 14 S.Ct. 442 , 38 L.Ed. 286 (1894); Agriculture Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78 (1945); Doran v. Dazey, 5 N.D. 167 , 64 N.W. 1023 (1895).

11982–1982
Gress v. Evans neutral
dakotasup · 1877
1 sentence

1982City of Bismarck v. Casey, 77 N.D. 295 , 43 N.W.2d 372 (1950); Agriculture Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78 (1945); Pierce Township of Barnes County v. Ernie, 74 N.D. 16 , 19 N.W.2d 755 (1945); Gress v. Evans, 1 Dak. 387 [371], 46 N.W. 1132 (1877).

11982–1982
Doran v. Dazey green
nd · 1895
2 sentences

1982Shauer v. Alterton, 151 U.S. 607 , 14 S.Ct. 442 , 38 L.Ed. 286 (1894); Agriculture Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78 (1945); Doran v. Dazey, 5 N.D. 167 , 64 N.W. 1023 (1895).

1982Shauer v. Alterton, 151 U.S. 607 , 14 S.Ct. 442 , 38 L.Ed. 286 (1894); Agriculture Credit Corp. v. State, 74 N.D. 71 , 20 N.W.2d 78 (1945); Doran v. Dazey, 5 N.D. 167 , 64 N.W. 1023 (1895).

11982–1982

Statutes the citing opinions construe

ND § N.D. Cent. Code § 47-19-19 (8) ND § N.D. Cent. Code § 27-05-06 (3) ND § N.D. Cent. Code § 28-27-01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ND 18 (1982–2021) CA 16 (1936–2026) IA 6 (1887–2007) SD 5 (1974–2010) MN 3 (1921–2003) UT 2 (1987–1990) MO 2 (1884–1890) OH 2 (2022–2022) KS 2 (1914–1932) MT 2 (1988–2007) NY 2 (1891–1910) OK 2 (1923–1924)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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