Stickney v. Jordan
Supreme Court of Minnesota
Plaintiff brought this action to the district court for Washington county, alleging in his complaint the making by defendants to himself of a promissory note for $6,000, of which he is owner and holder and which is past due and unpaid; that the note was given for the full price of certain lands conveyed by plaintiff to defendant David C. G-aslin, by warranty deed; that at the time of the conveyance plaintiff believed that he had full and absolute title to the lands, but it…
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Plaintiff brought this action to the district court for Washington county, alleging in his complaint the making by defendants to himself of a promissory note for $6,000, of which he is owner and holder and which is past due and unpaid; that the note was given for the full price of certain lands conveyed by plaintiff to defendant David C. G-aslin, by warranty deed; that at the time of the conveyance plaintiff believed that he had full and absolute title to the lands, but it has since been discovered that he owned only an undivided one-half, the other half being owned in fee by D. M. Sabin, and…
1Opinion of the Court
Gilfillan, C. J.1
Whether an action for fraudulent representations as to the title, whereby one is induced to purchase real estate, may be maintained by the grantee against the grantor, is, upon the decided cases, not entirely free from doubt. See Whitney v. Allaire, *2641 N. Y. 305; Claggett v. Crall, 12 Kan. 393; Peabody v. Phelps, 9 Cal. 213. It would hardly seem that an action for damages for the deceit would lie where there are express covenants as to title, for in such case the .parties have, by their contract, fixed their respective rights and liabilities in the event of a failure of title.…
2Cases cited5 opinions
- Whitney v. . AllaireNew York Court of Appeals · 1848
- Peabody v. PhelpsCalifornia Supreme Court · 1858
- Reynolds v. FranklinSupreme Court of Minnesota · 1890
- Redding v. GodwinSupreme Court of Minnesota · 1890
- Claggett v. CrallSupreme Court of Kansas · 1874
3Cited by14 opinions
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
- Lehman v. Hansord Pontiac Co. Inc.Supreme Court of Minnesota · 1955
- Olson v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
- Stoke v. ConverseSupreme Court of Iowa · 1911
- Humphrey v. SieversSupreme Court of Minnesota · 1917
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