Legal Opinion

Filley v. Register

Supreme Court of Minnesota

Decided December 15, 1860PublishedCited by 7 opinions

ARPEAD EROM THE DISTRICT COURT OE WASHINGTON COUNTY. Points and authorities of the Appellants : Upon the trial of the case, the Defendants offered (and the court allowed under Plaintiff’s objection,) evidence tending to show that the property in question was actually intended to be conveyed to Mrs. Burkleo in 1849, although conveyed by mistake to her husband; and that in all subsequent transactions relating thereto, it was considered as her property.

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ARPEAD EROM THE DISTRICT COURT OE WASHINGTON COUNTY. Points and authorities of the Appellants : Upon the trial of the case, the Defendants offered (and the court allowed under Plaintiff’s objection,) evidence tending to show that the property in question was actually intended to be conveyed to Mrs. Burkleo in 1849, although conveyed by mistake to her husband; and that in all subsequent transactions relating thereto, it was considered as her property. The exceptions to this evidence constitute the errors assigned in the 1st, 2d, 3d and 4th points. The 5th and 6th points are in substance that…

1Opinion of the CourtElandrau, J.

By the Court. I will briefly state tbe facts in tbe case wbicb raise tbe main points. On tbe 1st day of May, 1849, Samuel Burkleo, one of the Defendants, received tbe title to lands, in Stillwater, from certain parties by grant in fee. He held the title in bis own name until ythe 1st day of July, 1856, when be, together with tbe Defendant Susanna Burkleo, his wife, conveyed tbe same to one Elam Greely, who, in consideration of the grant to him, and on the same day, conveyed to Susanna Burkleo tbe lands in controversy. On tbe 13th day of November, 1857, Mrs. Burkleo and her husband conveyed…

2Cases cited11 opinions

  1. Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
  2. Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
  4. Bank of the United States v. HousmanNew York Court of Chancery · 1837
  5. Jackson ex dem. Peek v. PeekNew York Supreme Court · 1830

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hathaway v. BrownSupreme Court of Minnesota · 1872
  2. Ocklawaha River Farms Co. v. YoungSupreme Court of Florida · 1917
  3. People v. SelfridgeCalifornia Supreme Court · 1877
  4. Hessian v. PattenCourt of Appeals for the Eighth Circuit · 1907
  5. Wesala v. City of VirginiaSupreme Court of Minnesota · 1987

2 more not listed; retrieve them via the Exa API.

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