Banning v. Sabin
Supreme Court of Minnesota
Appeal by defendant, John A. Sabin, from a judgment of the District Court of Ramsey County, Brill, J., entered January 25, 1892. This is an action of ejectment brought by the plaintiff, May Alice Banning, to recover from the defendant, John A. Sabin, the possession of certain real estate in Ramsey County, Minnesota.
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Appeal by defendant, John A. Sabin, from a judgment of the District Court of Ramsey County, Brill, J., entered January 25, 1892. This is an action of ejectment brought by the plaintiff, May Alice Banning, to recover from the defendant, John A. Sabin, the possession of certain real estate in Ramsey County, Minnesota. The case has been twice before this court. 41 Minn. 477; 45 Minn. 431. After the later decision defendant paid the costs and demanded a new trial under the statute. October 19, 1853, Joseph E. Fullerton was the owner of the land in controversy, about twenty-seven acres lying a…
1Opinion of the CourtCollins, J.
On the first appeal in this case a judgment in defendant’s favor was reversed, and a new trial granted, for the reason that the conclusion of law of the court below that Washburn and hi8 grantees, including this plaintiff, were bound by the judgment in the mortgage foreclosure proceedings was not justified by the facts then before the court. 41 Minn. 477, (43 N. W. Rep. 329.) The gist of that decision was that, from the whole record, the action having been effectually dismissed and discontinued as to Washburn, it clearly appeared that the judgment rendered was not against him. Upon the second…
2Cases cited5 opinions
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Steele v. TaylorSupreme Court of Minnesota · 1856
- Windom v. SchuppelSupreme Court of Minnesota · 1888
- Banning v. SabinSupreme Court of Minnesota · 1891
- Banning v. SabinSupreme Court of Minnesota · 1889
3Cited by5 opinions
- Griffith v. FoxNorth Dakota Supreme Court · 1915
- Kreuscher v. RothSupreme Court of Minnesota · 1922
- Pedersen v. BrantnerMissouri Court of Appeals · 1973
- Smith v. Michigan State BankMichigan Supreme Court · 1894
- Sprague v. VogtDistrict Court, D. Minnesota · 1946