Jones v. Barnett
Docket No. 20000140
Oral Argument:
Monday, October 30, 2000 9:30am
Docket Info
- Title
- Keith Jones, Plaintiff and Appellee
v.
Jackie Barnett, Defendant and Appellant - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 99-C-102
Northeast Judicial District, McHenry County
John C. McClintock, Jr.
2000 ND 207619 N.W.2d 490
Highlight
An action to rescind a quitclaim deed is barred by the statute of limitations when the seller fails to submit evidence she did not discover until years later she had been fraudulently induced to convey the property, when her own pleadings indicate knowledge of material facts accruing beyond the six-year limit for fraud claims.
The statute of frauds invalidates oral contracts for an interest in real property, and a contract action based on an alleged contract collateral to a quitclaim deed is barred by the statute of limitations when the alleged contract was executed beyond the six-year limit for contract actions.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | Carl O Flagstad - 03389 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/12/2000 | NOTICE OF APPEAL : 05/10/2000 | |
| 2 | 06/07/2000 | RECORD ON APPEAL | |
| 3 | 06/14/2000 | APPELLANT BRIEF | View |
| 4 | 06/14/2000 | APPELLANT APPENDIX | |
| 5 | 06/14/2000 | DISK NONCOMPLIANCE (Handwritten Brief) Dist. w/briefs | |
| 6 | 06/19/2000 | MOTION FOR FILING HAND-WRITTEN ATB | |
| 7 | 06/19/2000 | ACTION BY CHIEF JUSTICE - Granted | |
| 8 | 07/13/2000 | Affidavit of Jackie C. Barnett (Handwritten) | |
| 9 | 07/13/2000 | Stipulation for Substitution of Counsel (Carl O. Flagstad now replacing Michael S. McIntee | |
| 10 | 07/13/2000 | MOT. EXT/TIME APPELLEE BRIEF, Notice of Motion, Affidavit, & Cert./Serv. | |
| 11 | 07/13/2000 | ACTION BY CLERK (MAE) - Granted : 08/13/2000 | |
| 12 | 08/07/2000 | Copy of Order dated 8-03-00 by Judge John C. McClintock, Jr. denying stay pending appeal | |
| 13 | 08/11/2000 | APPELLEE BRIEF | View |
| 14 | 08/15/2000 | DISK - AEB | |
| 15 | 08/17/2000 | REPLY BRIEF | View |
| 16 | 10/30/2000 | APPEARANCES: Jackie Barnett; Carl O. Flagstad | |
| 17 | 10/30/2000 | ARGUED: Barnett; Flagstad (Vol. X; page 74) | |
| 18 | 12/07/2000 | DISPOSITION | |
| 19 | 12/07/2000 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 20 | 12/07/2000 | Costs on appeal taxed in favor of appellee | |
| 21 | 12/11/2000 | Order/Judgment Mailed to Parties | |
| 22 | 12/15/2000 | PETITION FOR REHEARING | View |
| 23 | 12/20/2000 | Additional copy of Petition for Rehearing | |
| 24 | 12/21/2000 | ACTION BY SUPREME COURT (PER) - Denied | |
| 25 | 01/05/2001 | MANDATE | |
| 26 | 01/08/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 27 | 05/31/2007 | EXPUNGED - Nonpermanent record items destroyed |