Stevens v. Hatch
Supreme Court of Minnesota
(The facts are stated in the opinion of the Court.) Points and Authorities of Appellant. ' I. — The controversy grows out of the 20-acre tract claimed by tbe Respondent, C. C. B. Hatch, who insists tbat she holds the same discharged from the mortgage oi the Appellant. The presumption raised by tbe deeds themselves is against tbe Respondent’s title, and the burden of proof is on them to establish their title, and overcome this presumption.
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(The facts are stated in the opinion of the Court.) Points and Authorities of Appellant. ' I. — The controversy grows out of the 20-acre tract claimed by tbe Respondent, C. C. B. Hatch, who insists tbat she holds the same discharged from the mortgage oi the Appellant. The presumption raised by tbe deeds themselves is against tbe Respondent’s title, and the burden of proof is on them to establish their title, and overcome this presumption. II. — The Respondents have no equities as innocent purchasers for value, and do not claim as such. They got title through Newton, in March, 1858. An…
1Opinion of the Court
By the Cov/rt —
Atwater, J.
— This was an action brought by the Appellant, Stevens, to foreclose a mortgage made and executed by Newton, one of the Defendants, May 9th, 1857. Judgment was taken by default, against all the Defendants except Hatch and wife, who answered, alleging that C. C. B. Hatch was seized in fee simple, and in possession of twenty acres of the premises mortgaged, and that she acquired title thereto through a deed of conveyance' made by Defendant Newton to said C. C.-B. Hatch, made and delivered March 1, 1858, recorded May 10, 1858, in Ramsey County, and that at the time of…
2Cases cited5 opinions
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- Burt v. CassetySupreme Court of Alabama · 1848
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