McKinney v. Bode
Supreme Court of Minnesota
Ejectment. After the decision in this action, reported 32 Minn. 228, the defendant demanded a second trial, at which a verdict was directed by Koon, J., for plaintiff. Defendant appeals from an order refusing a new trial. Plaintiff, as purchaser under the certificate, is entitled to maintain this action to recover possession of the land.
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Ejectment. After the decision in this action, reported 32 Minn. 228, the defendant demanded a second trial, at which a verdict was directed by Koon, J., for plaintiff. Defendant appeals from an order refusing a new trial. Plaintiff, as purchaser under the certificate, is entitled to maintain this action to recover possession of the land. Gen. St. 1878, c. 38, § 17. The patent to R. B. Angus is invalid by reason of the invalidity of the assignment, of which invalidity Angus was chargeable with notice. Gen. St. 1878, c. 69, § 4; Arper v. Base, 9 Minn. 98, (109;) Place v. Johnson, 20 Minn. 198,…
1Opinion of the Court
Gileillan, 0. J.
The-case comes here from a second trial in the court below. On that trial, the court, considering the case made to be substantially the same as on the first trial, the merits of which were before this court at the April term, 1884, directed a verdict for the plaintiff. But the case made at the second trial was materially different from that made on the first; for on the first trial the de-fence insisted upon was, in substance, that the certificate of sale upon which plaintiff bases his claim to recover, had become forfeited for non-payment of interest and of the deferred part…
2Cases cited9 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Green v. LiterSupreme Court of the United States · 1814
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
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- Wetzel v. Minnesota Railway Transfer Co.Court of Appeals for the Eighth Circuit · 1894
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- Welsh v. CallvertWashington Supreme Court · 1904
- Minnesota Land & Investment Co. v. DavisSupreme Court of Minnesota · 1889
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