Legal Opinion

Parke v. Hush

Supreme Court of Minnesota

Decided October 17, 1882PublishedCited by 11 opinions

Action to quiet title to certain vacant and unoccupied land in Hen-nepin county. Plaintiff’s title rested upon a purchase at an execution sale. Defendant claimed title through redemption from this sale, under Gen. St. 1878, c. 66, § 323, as a subsequent creditor. The action was tried in the district court for Hennepin county, by Young, J., without a jury, and judgment was entered for defendant, from which plaintiff appeals.

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Action to quiet title to certain vacant and unoccupied land in Hen-nepin county. Plaintiff’s title rested upon a purchase at an execution sale. Defendant claimed title through redemption from this sale, under Gen. St. 1878, c. 66, § 323, as a subsequent creditor. The action was tried in the district court for Hennepin county, by Young, J., without a jury, and judgment was entered for defendant, from which plaintiff appeals. The case is stated in the opinion. cited, Pamperin v. Seanlan, 28 Minn. 345; McLagan v. Brown, 11 Ill. 519; Merry v. Bostwich, 13 Ill. 398; Watson v. Beissig, 24 Ill. 281;…

1Opinion of the CourtGileillan, C. J.

From February 1, 1878, to May 7, 1878, B. J. Baldwin owned the land in controversy. Judgments were entered and docketed against him in the following order: February 7, 1878, one in favor of Mary B. Brown; February 8, 1878, one in favor of John B. ITanseom; and February 21, 1878, one in favor of defendant. February 18,1878, executions on the first two judgments were issued. That on the first judgment misstated the amount of it, but as it described it accurately in all other respects, that mistake did not vitiate it. May 7, 1878, the real estate was sold under both of these judgments and…

2Cases cited3 opinions

  1. Horton v. MaffittSupreme Court of Minnesota · 1869
  2. Pamperin v. ScanlanSupreme Court of Minnesota · 1881
  3. Parret v. ShaubhutSupreme Court of Minnesota · 1861

3Cited by11 opinions

  1. Graybow-Daniels Co. v. PinottiSupreme Court of Minnesota · 1977
  2. In Re the Brainerd National BankSupreme Court of Minnesota · 1986
  3. Tomasko v. CottonSupreme Court of Minnesota · 1937
  4. Moore v. PenneySupreme Court of Minnesota · 1919
  5. Buchanan v. ReidSupreme Court of Minnesota · 1890

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