Meighen v. King
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Fillmore county, Farmer, J., presiding, refusing a new trial, the action having been tried by a referee'and judgment having been ordered for defendant. The facts are stated in the opinion.. The subject-matter of this action has been before this court before, in the cases of Holton v. Meighen, 15 Minn. 50, (69,) and KingY. Meighen, 20 Minn. 237, (264.) The statute of limitations has barred defendant’s defence.
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Appeal by plaintiff from an order of the district court for Fillmore county, Farmer, J., presiding, refusing a new trial, the action having been tried by a referee'and judgment having been ordered for defendant. The facts are stated in the opinion.. The subject-matter of this action has been before this court before, in the cases of Holton v. Meighen, 15 Minn. 50, (69,) and KingY. Meighen, 20 Minn. 237, (264.) The statute of limitations has barred defendant’s defence. If the warranty deed under which plaintiff claims and which is absolute in form could ever have been shown to .have been…
1Opinion of the CourtGiletllan, C. J.
Ejectment. The plaintiff claims title under a. conveyance, absolute in terms, from Alexander Holton and David Holton to him, dated August 27, 1855, — Alexander Holton then being the owner of the land, — and a deed of quitclaim by Holton to Martin Henderson, dated August 6,1857, and a conveyance by Henderson to plaintiff, dated March 27, 1869. As to the deed from Holton to plaintiff, the court below finds that, though absolute in form, it was in fact, executed as security for a debt due plaintiff from the Holtons, and; that, at the time of executing it, plaintiff executed to them an agreement…
2Cases cited1 opinion
- Carr v. . CarrNew York Court of Appeals · 1873
3Cited by9 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Proulx v. Hirsch Bros. Inc.Supreme Court of Minnesota · 1968
- O'Connor v. SchwanSupreme Court of Minnesota · 1933
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