Bullock v. Miley
Supreme Court of Minnesota
Action in the district court for Big Stone county to recover possession of certain premises and $960 damages for their detention. The answer set up substantially the facts stated in the first paragraph of the opinion. The case was tried before Flaherty, J., who made findings that plaintiff was estopped from asserting title or right of possession to the land in controversy and ordered judgment in favor of defendants. Plaintiff’s motion for amended findings was denied.
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Action in the district court for Big Stone county to recover possession of certain premises and $960 damages for their detention. The answer set up substantially the facts stated in the first paragraph of the opinion. The case was tried before Flaherty, J., who made findings that plaintiff was estopped from asserting title or right of possession to the land in controversy and ordered judgment in favor of defendants. Plaintiff’s motion for amended findings was denied. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.
1Opinion of the Court
Taylor, C.
Plaintiff owned a farm of 320 acres in Big Stone county of which 80 acres was his homestead. In 1909 his wife separated from him and removed to South Dakota where she has ever since resided. In 1910 plaintiff made an arrangement with one Ferch to exchange the farm for a farm in Chippewa county. For the purpose of conveying the farm to Ferch, a quitclaim deed therefor was executed by plaintiff’s wife on October 5,1910, and delivered to Ferch, and a separate quitclaim deed therefor was executed by plaintiff on October 21, 1910, and delivered to Ferch. Both deeds were recorded on…
2Cases cited4 opinions
- Law v. ButlerSupreme Court of Minnesota · 1890
- Esty v. CummingsSupreme Court of Minnesota · 1899
- Ekblaw v. NelsonSupreme Court of Minnesota · 1914
- Lucy v. LucySupreme Court of Minnesota · 1909
3Cited by8 opinions
- Dvorak v. MaringSupreme Court of Minnesota · 1979
- Krueger v. GrothWisconsin Supreme Court · 1926
- Nelson v. DorrSupreme Court of Minnesota · 1953
- Bozich v. First State BankSupreme Court of Minnesota · 1921
- Joel Karnitz v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2009
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