Holcombe v. Richards
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county,, to determine the adverse claims of the defendants to certain lands. The action was tried, without a jury, by Wilkin, J., who ordered judgment for defendants. Plaintiff appeals from an order refusing a new trial.
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Plaintiff brought this action in the district court for Ramsey county,, to determine the adverse claims of the defendants to certain lands. The action was tried, without a jury, by Wilkin, J., who ordered judgment for defendants. Plaintiff appeals from an order refusing a new trial. In addition to the facts recited by the court in its opinion, it appeared that the sheriff’s affidavit of sale made to Charles Hayward, upon the foreclosure of the Maltby mortgage, stated that, at the time of the sale, “came and appeared Charles Hayward, of Bangor in the state of Maine, trustee, etc., and offered…
1Opinion of the CourtMitchell, J.
Action to determine adverse claims to real property. Both parties claim under Edwin Y. Holcombe as their common source *40of title. The history of the title, as far as here important, is as follows: September 9, 1859, Edwin V. Holcombe and wife, to secure the payment of a note for $5,000, executed a mortgage upon 40 acres of land in Eamsey county, in this state, to one John Maltby, a citizen of Penobscot county, and state of Maine. This mortgage contained a power of sale, authorizing Maltby, “his heirs, executors, administrators, and assigns,” in case of default in the conditions of the…
2Cases cited10 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Gee v. MooreCalifornia Supreme Court · 1859
- Welch v. SackettWisconsin Supreme Court · 1860
- Hayes v. FreyWisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tyler v. CateOregon Supreme Court · 1896
- Barnard v. ThurstonSupreme Court of Minnesota · 1902
- Neely v. BusterCalifornia Court of Appeal · 1920
- Babcock v. CollinsSupreme Court of Minnesota · 1895
- Kretz v. Fireproof Storage Co.Supreme Court of Minnesota · 1914
4 more not listed; retrieve them via the Exa API.