Legal Opinion

A. J. Dwyer Pine Land Co. v. Whiteman

Supreme Court of Minnesota

Decided April 29, 1904No. Nos. 13,772—(48)PublishedCited by 3 opinions

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

  1. Wakefield v. DaySupreme Court of Minnesota · 1889
  2. Menage v. BurkeSupreme Court of Minnesota · 1890
  3. Foster v. JohnsonSupreme Court of Minnesota · 1888
  4. Little v. BraunNorth Dakota Supreme Court · 1903
  5. Sloan v. BeckerSupreme Court of Minnesota · 1884

3Cited by3 opinions

  1. Kentucky Block Cannel Coal Co. v. SewellCourt of Appeals for the Sixth Circuit · 1918
  2. Young v. BakerSupreme Court of Minnesota · 1915
  3. Carlson v. KroegerSupreme Court of Minnesota · 1922

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