Stuart v. Lowry
Supreme Court of Minnesota
Appeal by plaintiff; David A. Stuart, from an order of the District Court of Hennepin County, Hooker, J., made August 3, 1891, denying his motion for a new trial. Frederick G. Mayo on October 25, 1878, owned the southeast quarter of section twenty-five., (25,) township thirty, (30,) range twenty-four, (24,) in Anoka County, Minn., and lying about two miles northeast of Minneapolis.
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Appeal by plaintiff; David A. Stuart, from an order of the District Court of Hennepin County, Hooker, J., made August 3, 1891, denying his motion for a new trial. Frederick G. Mayo on October 25, 1878, owned the southeast quarter of section twenty-five., (25,) township thirty, (30,) range twenty-four, (24,) in Anoka County, Minn., and lying about two miles northeast of Minneapolis. On that day he made his note and a mortgage on the land to E. F. Rollins to secure the payment of $2,000 and annual interest at eight per cent, per annum, and due three years thereafter. Rollins on February 18,…
1Opinion of the CourtYandeeburgh, J.
Upon the former appeal in this case, 42 Minn. 473, (44 N. W. Rep. 532,) it was determined that the representations of Mayo, plaintiff’s grantor, to defendant, constituting the basis of an estoppel against Mayo from setting up any claim to the land in controversy, were insufficient to bar plaintiff’s claim of title to the land under his deed from Mayo, acquired before the alleged representations were acted on. This action is brought by the plaintiff under the statute alleging ownership and possession to determine the adverse claim of defendant to the quarter section of land in controversy.
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2Cases cited6 opinions
- Walton v. PerkinsSupreme Court of Minnesota · 1881
- Barber v. EvansSupreme Court of Minnesota · 1880
- Gunderson v. Northwestern Elevator Co.Supreme Court of Minnesota · 1891
- Merrill v. DearingSupreme Court of Minnesota · 1891
- City of St. Paul v. Chicago, M. & St. P. Ry. Co.Supreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dever v. CornwellNorth Dakota Supreme Court · 1901
- McArthur v. ClarkSupreme Court of Minnesota · 1902
- Alt v. GraffSupreme Court of Minnesota · 1896
- Durkin v. WardOregon Supreme Court · 1913
- State v. RosenquistNorth Dakota Supreme Court · 1952
9 more not listed; retrieve them via the Exa API.