Jordan v. White
Supreme Court of Minnesota
This action was brought in the district court for Waseca county. The pleadings at the time of the trial, a portion of the answer setting up a counter-claim having been previously withdrawn, were substantially as follows: The complaint alleged, that one John Jordan was the owner and in the actual possession of a certain forty acres of land in Waseca county, and for a valuable consideration sold and conveyed the same to the plaintiff by a warranty deed, dated August 13,1867,…
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This action was brought in the district court for Waseca county. The pleadings at the time of the trial, a portion of the answer setting up a counter-claim having been previously withdrawn, were substantially as follows: The complaint alleged, that one John Jordan was the owner and in the actual possession of a certain forty acres of land in Waseca county, and for a valuable consideration sold and conveyed the same to the plaintiff by a warranty deed, dated August 13,1867, which deed was recorded on the 8th of March, *1869; that plaintiff went into possession of the premises by virtue of such…
1Opinion of the Court
By the Court.
Berry, J.
In the actual state of the pleadings at the time of trial, this action was of a purely equitable nature. The issues of fact were therefore to be tried by the court subject to the right “ of the court to order that the whole issue or any specific question of fact involved therein be tried by a jury.” Chap. 66, sec. 199, Gen. Stat. It was therefore entirely competent for the court, in its discretion, to submit, as it did, certain specific questions of fact to a jury in this case, and we find no reason to doubt that the discretion was properly exercised. It is not important…
2Cases cited4 opinions
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Dingeldein v. . the Third Avenue R.R. Co.New York Court of Appeals · 1868
- Sanders v. ClasonSupreme Court of Minnesota · 1868
- Wemple v. KnopeSupreme Court of Minnesota · 1870
3Cited by6 opinions
- Olson v. Synergistic Technologies Business Systems, Inc.Supreme Court of Minnesota · 2001
- Healy v. YoungSupreme Court of Minnesota · 1875
- Wood v. MoriartySupreme Court of Rhode Island · 1887
- Bretto v. LevineSupreme Court of Minnesota · 1892
- Messerall v. DreyerSupreme Court of Minnesota · 1922
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