N.D. Nichols v. Mary F. Schutte

On petition of the respondent Billings County, a rehearing was ordered and had. The case was fully reargued. We have given the whole matter further and most careful consideration and can see no reason for receding from our opinion heretofore handed down. We held therein that the deed from Nichols and Mrs. Nichols was obtained through and by reason of the fraud of the grantee and that it was not acknowledged either by Nichols or Mrs. Nichols. Further, that the tract here involved was a portion of the Nichols homestead. The record clearly warrants these holdings. Not being acknowledged the deed was void. In addition to cases cited in the original opinion, see Helgebye v. Dammen, 13 ND 167, 100 NW 245; Severtson v. Peoples, 28 ND 372, 148 NW 1054; Rasmussen v. Stone, 30 ND 451, 152 NW 809; Hazlett v. Mattieu, 57 ND 57, 220 NW 647; Acklin v. First Nat. Bank, 64 ND 577, 254 NW 769.