Marshall v. Roberts
Supreme Court of Minnesota
The plaintiff, claiming that the defendant was the owner of certain real estate, and that after having- sold and conveyed the same to him, and knowing his deed was unrecorded, he sold and conveyed the same premises to other parties, who were purchasers in good faith, and whose deeds were recorded, brought this'action to recover damages therefor. ' At the trial, after the plaintiff had introduced his evidence and rested, the defendant moved for a dismissal of the action.
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The plaintiff, claiming that the defendant was the owner of certain real estate, and that after having- sold and conveyed the same to him, and knowing his deed was unrecorded, he sold and conveyed the same premises to other parties, who were purchasers in good faith, and whose deeds were recorded, brought this'action to recover damages therefor. ' At the trial, after the plaintiff had introduced his evidence and rested, the defendant moved for a dismissal of the action. The court granted the motion and judgment of dismissal was entered. The plaintiff appeals to this court. The facts upon…
1Opinion of the Court
By the Court.
Berry, J.
For the purpose of determining *407the only question necessary to be considered in this case, we may assume that the following propositions, which plaintiff claims to have proved, or to have offered to prove, are true as matter of fact:
1st. That on the 12th day of May, 1860, Louis Roberts was the owner of lot four, in block four, of the town of St. Paul, according to the recorded plat thereof.
2d. That on said 12th day of May said Roberts, together with his wife, executed and delivered to the plaintiff, Joseph M. Marshall, a quit-claim deed of all their right, title,…
2Cases cited3 opinions
- Everest v. FerrisSupreme Court of Minnesota · 1870
- Hope v. StoneSupreme Court of Minnesota · 1865
- Martin v. BrownSupreme Court of Minnesota · 1860
3Cited by13 opinions
- Richardson v. LeviTexas Supreme Court · 1887
- Prentice v. Duluth Storage & Forwarding Co.Court of Appeals for the Eighth Circuit · 1893
- Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
- Sharp v. CheathamSupreme Court of Missouri · 1885
- Cogan v. CookSupreme Court of Minnesota · 1875
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