(DOWNLOAD) "Mike D. Volk v. Lawrence Volk" by Supreme Court of North Dakota " eBook PDF Kindle ePub Free
eBook details
- Title: Mike D. Volk v. Lawrence Volk
- Author : Supreme Court of North Dakota
- Release Date : January 10, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Syllabus by the Court 1. Where a stipulation is entered into between heirs of a deceased person at a hearing on the admission
of a will of the deceased to probate in the county court, which stipulation constitutes a contract between the parties thereto
for a division of the property of the deceased and a dismissal of the probate proceeding, the district court has jurisdiction
to entertain an action for the rescission of the stipulation. 2. The right to rescind a contract of a person of unsound mind, who is not entirely without understanding, made before his
incapacity has been determined judicially upon an application for the appointment of a guardian, is conferred only upon the
special class of persons described in Section 14-01-02, NDCC, and is not restricted by Section 9-09-02, NDCC, which sets forth
five general grounds for rescission of contracts.