Russell v. Lowth
Supreme Court of Minnesota
The plaintiff in his complaint sets forth the facts stated in the following opinion, and further alleges the recovery of a judgment by defendants against John Merldc, August 20, 1872, in a suit on a promissory note made by him March 25, 1862; the docketing of such judgment in Faribault county, where the land involved in this action is situate ; the issuing of an execution on the judgment; a levy on the land in question, and a sale thereof, on the execution, to defendants,…
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The plaintiff in his complaint sets forth the facts stated in the following opinion, and further alleges the recovery of a judgment by defendants against John Merldc, August 20, 1872, in a suit on a promissory note made by him March 25, 1862; the docketing of such judgment in Faribault county, where the land involved in this action is situate ; the issuing of an execution on the judgment; a levy on the land in question, and a sale thereof, on the execution, to defendants, who received the usual certificate of sale. He further alleges that the land was entered by Merkle as a homestead under…
1Opinion of the CourtMcMillan, C. J.
The land involved in this action was entered by one John Merkle, on or about July 15, 1864, under the act of congress, entitled “An act to secure Homesteads to actual settlers on the Public Domain,” approved May 20, 1862, and was conveyed to him by the United States, under and in pursuance of said act, on July 29,1869. The indebtedness of Merkle to the defendants for which they obtained then judgment sought to be enforced against the land, was contracted by said Merkle March 25, 1869, prior to the issuing of the patent. On December 21, 1871, John Merkle and wife by warranty deed conveyed the…
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