Smith v. Lytle
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Nobles county, praying that a sheriff’s certificate of sale, executed and delivered to defendant Lytle, of certain real estate in that county, and also a deed of the same real estate from Lytle to the other defendant, Thompson, be adjudged void and cancelled.
Read the full summary
Plaintiff brought this action in the district court for Nobles county, praying that a sheriff’s certificate of sale, executed and delivered to defendant Lytle, of certain real estate in that county, and also a deed of the same real estate from Lytle to the other defendant, Thompson, be adjudged void and cancelled. The defendants answered, and the action was tried before Dickinson, J., whose findings of fact and conclusions of law were in substance as follows: - The land in question is a village lot in Worthington with a dwelling-house thereon, the property being worth $1,500. In August, 1S73,…
1Opinion of the CourtCornell, J.
In paying to the railroad company the unpaid portion of the purchase-money coming to it upon its contract of sale to Lackor, and taking a transfer of the legal title, Smith did not make the advance for or on account of Lackor, or in the way of a loan to him. It was not done in pursuance of any agreement between him and Lackor, and the assignment of the contract of purchase from Lackor to him contained no stipulation obligating him to make the' advance or to procure the title. He did it voluntarily and solely for the purpose of protecting an equitable interest in *190the property which he supposed…
2Cases cited4 opinions
- Horton v. MaffittSupreme Court of Minnesota · 1869
- Jeffries v. SherburnIndiana Supreme Court · 1863
- Harris v. . MurrayNew York Court of Appeals · 1863
- Forrer v. KlokeNebraska Supreme Court · 1880
3Cited by9 opinions
- Colby v. StreetSupreme Court of Minnesota · 1920
- Shraiberg v. HansonSupreme Court of Minnesota · 1917
- Reynolds v. FlemingSupreme Court of Minnesota · 1890
- Minneapolis Investment Co. v. National Security Investment Co.Supreme Court of Minnesota · 1929
- Wellington v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1913
4 more not listed; retrieve them via the Exa API.