Donnelly v. Simonton
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. I. — The action is not under the statute, which requires actual possession to sustain it. It is not to settle any question of title, for Plaintiff’s title is not disputed. But it is brought under the old head of equity jurisdiction, stated in 2 ¡Story Eq.
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APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. I. — The action is not under the statute, which requires actual possession to sustain it. It is not to settle any question of title, for Plaintiff’s title is not disputed. But it is brought under the old head of equity jurisdiction, stated in 2 ¡Story Eq. Juris., see. 705 : “ When a deed or other instrument originally valid, has by subsequent events, such as by a satisfaction or payment, or other extinguishment of it legal or equitable, becomq functus offieio, and yet its existence may be either a cloud upon the title of the other party, or…
1Opinion of the Court
By the Gourt
Atwater, J.
This was an action brought by Appellant to remove a cloud upon title to real estate. The complaint discloses substantially these facts, viz : that in May, 1857, Plaintiff executed a mortgage upon certain lands in Ramsey county, to Robert Smith, to secure the payment of the sum of §1500 ; that Smith assigned the mortgage to Peter Berkey; that Berkey foreclosed the mortgage in October, 1858, and purchased the premises himself; that affidavit of salo was made by the deputy sheriff, who acted as auctioneer, which with the affidavit of publication of notice of sale were…
2Cases cited2 opinions
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Daniels v. SmithSupreme Court of Minnesota · 1860
3Cited by9 opinions
- Gage v. SanbornMichigan Supreme Court · 1895
- North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
- Horton v. MaffittSupreme Court of Minnesota · 1869
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- Smith v. GrilkNorth Dakota Supreme Court · 1933
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