Montgomery v. McEwen
Supreme Court of Minnesota
ERROR TO THE'DISTRICT COURT OE SCOTT COUNTY. . I. — The statute expressly allows seyeral canses of action to be united when they arise out of the same transaction or when they arise out of transactions connected with the same subject of action. See chap. 60, see. 87, jp. 543, of Oom/p.
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ERROR TO THE'DISTRICT COURT OE SCOTT COUNTY. . I. — The statute expressly allows seyeral canses of action to be united when they arise out of the same transaction or when they arise out of transactions connected with the same subject of action. See chap. 60, see. 87, jp. 543, of Oom/p. Stat. II. — There is a cause of action set forth in the complaint which invokes the equitable powers of the Court, to wit, the removal of a cloud upon the Plaintiff’s title, — it cannot be reached by an action at law. The District Court is mistaken. when it says that the Plaintiff has a clear remedy at law. Ill…
1Opinion of the Court
By the Gourt
FlaNdeau, J.
The complaint alleges that on or about the thirteenth day of June, 1857, the Plaintiff agreed with the Defendant to sell and convey to him by a good and sufficient conveyance to be made, executed, and delivered on or about the first day of November, 1857, upon the payment to the Plaintiff by the Defendant of the purchase money therefor, a certain piece of land. The agreement was by bond. That the Defendant executed and delivered to the Plaintiff his promissory note for $470, being a balance of the purchase money remaining unpaid, which note was made payable on or…
2Cited by11 opinions
- Langan v. IversonSupreme Court of Minnesota · 1899
- Cochrane v. West Duluth Industrial Construction & Improvement Co.Supreme Court of Minnesota · 1896
- Darelius v. Commonwealth Mortgage Co.Supreme Court of Minnesota · 1922
- Gustafson v. KoehlerSupreme Court of Minnesota · 1929
- Peterson v. RussellSupreme Court of Minnesota · 1895
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