Clapp v. Tower

11 N.D. 556, 93 N.W. 862 (1903)

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Nature of the Case

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Facts

Clapp (P) acquired the land at issue by a conveyance from the executors of the estate of Charlemange Tower. Tower's heirs at law (D) also claimed ownership of the land, alleging that the deceased had sold the land during his life pursuant to a land sale contract. D further alleged that the buyer had defaulted on the payments and that the executors of the estate foreclosed on the property, conveying it to P in the mistaken belief that it was to be treated as personal property under the doctrine of equitable conversion. In a prior action, the court had determined that the provisions in the deceased's will relating to real estate were inoperative, and that therefore any of the deceased's real estate was to be distributed by the state's laws of intestate succession, while the personal property was to be distributed according to the terms of the will. The lower court found in P's favor. D appeals.