Orr v. Sutton
Supreme Court of Minnesota
Action in tbe district court for St. Louis county by Charles N. Orr, Herman F. Stark, Charles E. Collett, copartners as Orr, Stark & Collett, and Charles J. Spratt against William Sutton, Lyman Sutton, William Sauntry and his wife, Russell M. Bennett, Edmund J. Longyear, Louis E. Torinus and all other persons claiming any right, title, estate, interest or lien in the real estate described. The facts are set forth in the opinion.
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Action in tbe district court for St. Louis county by Charles N. Orr, Herman F. Stark, Charles E. Collett, copartners as Orr, Stark & Collett, and Charles J. Spratt against William Sutton, Lyman Sutton, William Sauntry and his wife, Russell M. Bennett, Edmund J. Longyear, Louis E. Torinus and all other persons claiming any right, title, estate, interest or lien in the real estate described. The facts are set forth in the opinion. The case was tried before Eesler, L, who made findings and ordered judgment in favor of plaintiffs, removing the cloud on their title and interest in the land by the…
1DissentPhilip E. Brown, J.
When the opinion in this case came to the writer the following dissent was prepared and submitted. Subsequently, pursuant to what seems to be the usual practice, the latter part of the main opinion was rewritten and enlarged. That the controversy may be brought to an end, the dissent is filed without alteration.
I dissent from the propositions that Sutton should not be relieved from the consequences of failing to pay the mortgage registry tax and that plaintiff is entitled to equitable relief.
An excusable mistake whereby one loses a valuable legal right gives rise to an equity, not only as…
2Cases cited15 opinions
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Gerdine v. MenageSupreme Court of Minnesota · 1889
- Sprague v. MartinSupreme Court of Minnesota · 1882
- Willard v. FinneganSupreme Court of Minnesota · 1890
- Mathews v. LightnerSupreme Court of Minnesota · 1902
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