Legal Opinion

Cogel v. Raph

Supreme Court of Minnesota

Decided October 12, 1877PublishedCited by 8 opinions

Ejectment, tried in the district court for Goodhue county, by Crosby, J., with a jury. Plaintiff introduced, among other instruments, a warranty deed from Hannah Grignon, the patentee, to Herbert and Einley.

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Ejectment, tried in the district court for Goodhue county, by Crosby, J., with a jury. Plaintiff introduced, among other instruments, a warranty deed from Hannah Grignon, the patentee, to Herbert and Einley. Defendant offered to prove that Hannah Grignon was only eighteen years old at the time she executed the deed in evidence, and that the same had been fraudulently substituted, at the time of execution, for another deed for other lands; that the said Hannah had died in ignorance of this fraud, while still an infant and unmarried ; and that her father and sole heir, Paul Grignon, had…

1Opinion of the CourtCornell, J.

The deed from Hannah Grignon to Herbert and Einley was executed in this state, and the lands granted by it were situate therein. The question, then, concerning the legal capacity of the grantor to make it, so far as respects her age, must be determined by our laws, which expressly declare that “females of eighteen years shall be considered of full age for all purposes.” Gen. St. c. 59, § 2. Being of *196that age at the time, the fact of infancy as a ground for attacking the validity of the conveyance is not presented.

Conceding the deed to have been procured through fraud and imposition, it was,…

2Cases cited2 opinions

  1. Shoat v. WalkerSupreme Court of Kansas · 1870
  2. Long v. BurnettSupreme Court of Iowa · 1862

3Cited by8 opinions

  1. Allen v. Osco Drug, Inc.Supreme Court of Minnesota · 1978
  2. Miesen v. CanfieldSupreme Court of Minnesota · 1896
  3. Sheehy v. HindsSupreme Court of Minnesota · 1880
  4. First Fiduciary Corp. v. BlancoSupreme Court of Minnesota · 1979
  5. Bonham v. WeymouthSupreme Court of Minnesota · 1888

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