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Clapp v. Tower
Supreme Court of North Dakota
93 N.W.2d 862 (1903)
Charlemange Tower executed a contract for deed to sell a parcel of real property to Hadley. Tower died before the contract was completed. The executors of Tower’s estate foreclosed the contract for delinquent payments. The probate court invalidated the portions of Tower’s will relating to real property and held that the real property of Tower’s estate should succeed to his heirs (defendants) according to Pennsylvania’s laws of intestacy. The personal property of the estate would be distributed according to the terms of Tower’s will. The executors sold the property subject to the contract for deed to Clapp (plaintiff). Tower’s heirs asserted that the real property became part of Tower’s estate upon foreclosure of the contract for deed and therefore should descend to them according to the laws of intestacy. Clapp brought suit to quiet title and moved to dismiss the heirs’ counterclaim on grounds that it failed to state a claim for which relief could be granted. The trial court granted Clapp’s motion and dismissed the heirs’ answer to the complaint. The heirs appealed.
Rule of Law
Holding and Reasoning (Young, J.)
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