Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial