Barkey v. Johnson
Supreme Court of Minnesota
Action in the district court for Renville county to recover possession of a certain warranty deed theretofore executed and delivered by defendant to plaintiff and to quiet the title of the premises therein described in plaintiff; or, in case possession and a decree quieting title could not be had, for $500 damages. Upon the trial, before Powers, J., judgment was ordered in favor of defendant upon the pleadings.
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Action in the district court for Renville county to recover possession of a certain warranty deed theretofore executed and delivered by defendant to plaintiff and to quiet the title of the premises therein described in plaintiff; or, in case possession and a decree quieting title could not be had, for $500 damages. Upon the trial, before Powers, J., judgment was ordered in favor of defendant upon the pleadings. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
The question involved in this case is whether the complaint states facts sufficient to constitute a cause of action. The court below held that it did not, ordered judgment for defendant on the pleadings, and plaintiff appealed from an order denying a new trial.
The complaint alleges that at the time stated therein defendant was the owner of a tract of land in Renville county, which he sold and agreed to convey to' plaintiff for the consideration of $1,040.. Pursuant to this agreement, a warranty deed in due form of law was. executed by defendant, conveying the land to plaintiff, and deposited…
2Cases cited2 opinions
- Kennedy v. RobertsSupreme Court of Iowa · 1898
- Sauer v. TraegerSupreme Court of Minnesota · 1894
3Cited by2 opinions
- Roberge v. Cambridge Cooperative Creamery Co.Supreme Court of Minnesota · 1954
- Callaway v. SeatonSupreme Court of Minnesota · 1923