A. J. Dwyer Pine Land Co. v. Whiteman
Supreme Court of Minnesota
Action in the district court for Itasca county to reform a deed given by defendant Alonzo J. Whiteman to “Powers & Dwyer,” by inserting therein the Christian names of the grantees. Defendant Whiteman alone appeared and answered, alleging that the deed was in fact a mortgage, and void because of usury and nondelivery. The case was tried before McClenahan, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtDouglas, J.
Appellant in December, 1890, for an express consideration of $400, executed and delivered to Powers & Dwyer, copartners, a quitclaim deed conveying a quarter section of land situated in Itasca county, which conveyance was duly recorded in May, 1892. It appears that the Christian names of Messrs. Powers & Dwyer were omitted from the deed. In 1894 the land was by said grantees conveyed to the respond*56ent, the A. J. Dwyer Fine Dand Company, a corporation by whom this action was instituted to reform the deed by supplying the full names of said copartners. Appellant, Alonzo J. Whiteman, answered,…
2Cases cited5 opinions
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Menage v. BurkeSupreme Court of Minnesota · 1890
- Foster v. JohnsonSupreme Court of Minnesota · 1888
- Little v. BraunNorth Dakota Supreme Court · 1903
- Sloan v. BeckerSupreme Court of Minnesota · 1884
3Cited by3 opinions
- Kentucky Block Cannel Coal Co. v. SewellCourt of Appeals for the Sixth Circuit · 1918
- Young v. BakerSupreme Court of Minnesota · 1915
- Carlson v. KroegerSupreme Court of Minnesota · 1922