Burke v. Baldwin
Supreme Court of Minnesota
Appeal by plaintiffs, Frank Burke, Jr., Rufus P. Edson, and Wallace Warner, from an order of the District Court of St. Louis County, Chas. L. Lewis, J., made March 23, 1893, allowing defendants to amend their answer and granting a new trial. Sextus Hoffman owned the northeast quarter of section seventeen (17) and the southwest quarter of section nine, (9,) T. 50, R. 14, lying in the northwest part of the city of Duluth, three miles back from the lake.
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Appeal by plaintiffs, Frank Burke, Jr., Rufus P. Edson, and Wallace Warner, from an order of the District Court of St. Louis County, Chas. L. Lewis, J., made March 23, 1893, allowing defendants to amend their answer and granting a new trial. Sextus Hoffman owned the northeast quarter of section seventeen (17) and the southwest quarter of section nine, (9,) T. 50, R. 14, lying in the northwest part of the city of Duluth, three miles back from the lake. On June 20, 1872, he mortgaged this three hundred and twenty acres of land to Urs Tischer to secure the payment of $2,000 and interest. Tischer…
1Opinion of the CourtCollins, J.
The plaintiffs in this action, brought to determine an adverse claim to real estate, were the defendants in Backus v. Burke, 48 Minn. 260, (51 N W. Rep. 284,) and the present defendants’ claim of title (to part of the land included in the mortgage involved in that action) comes, through several mesne conveyances, from Bierman, who was the purchaser at the mortgage foreclosure sale. The defense set up in the original answer herein was exclusively made to rest on the validity of that sale, and, although an appeal was taken from a judgment entered in favor of these defendants in the court below,…
2Cases cited3 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Backus v. BurkeSupreme Court of Minnesota · 1892
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1882
3Cited by6 opinions
- Church v. OdellSupreme Court of Minnesota · 1907
- Bauman v. MetzgerSupreme Court of Minnesota · 1920
- Todd v. BetttngenSupreme Court of Minnesota · 1907
- State ex rel. Broderick v. District CourtSupreme Court of Minnesota · 1903
- Reeves & Co. v. CressSupreme Court of Minnesota · 1900
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