Legal Opinion

Elliot v. Small

Supreme Court of Minnesota

Decided July 9, 1886PublishedCited by 10 opinions

Ejectment. The land involved in this action is a part of the “strip thirty-three feet wide on the south side” of the tract of land described in the opinion. Defendants claim title under the warranty deed mentioned in the opinion, and plaintiff claims under a subsequent quitclaim deed of the premises in dispute, made by the grantor of the warranty deed. Plaintiff appeals from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial.

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Ejectment. The land involved in this action is a part of the “strip thirty-three feet wide on the south side” of the tract of land described in the opinion. Defendants claim title under the warranty deed mentioned in the opinion, and plaintiff claims under a subsequent quitclaim deed of the premises in dispute, made by the grantor of the warranty deed. Plaintiff appeals from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial. The reservation is an exception, and reserved the fee to the thirty-three feet strip to the grantor. Keeler v. Wood, 30 Yt.…

1Opinion of the CourtBerry, J.

The warranty deed involved in this case granted and conveyed “all the following described piece or parcel of land, * * * viz.: Beginning at the north-east corner of section thirty-four; * * * thence westerly, on the section-line, nine chains and ninety-six links; thence southerly five chains and two links; thence easterly nine chains and ninety-six links; thence northerly five chains and two links, to the place of beginning, containing five acres ; * * * *397reserving from said grant a strip thirty-three feet in width, on the south side of said tract, for a public street, and a strip thirty-three…

2Cases cited6 opinions

  1. Peck v. SmithSupreme Court of Connecticut · 1814
  2. Hornbeck v. WestbrookNew York Supreme Court · 1812
  3. Inhabitants of Winthrop v. FairbanksSupreme Judicial Court of Maine · 1856
  4. Roberts v. RobertsonSupreme Court of Vermont · 1881
  5. Kuhn v. FarnsworthSupreme Judicial Court of Maine · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Greenwalt v. McCardellCourt of Appeals of Maryland · 1940
  2. Winston v. JohnsonSupreme Court of Minnesota · 1890
  3. Barrett v. Kansas & Texas Coal Co.Supreme Court of Kansas · 1905
  4. Sullivan v. EddyIllinois Supreme Court · 1894
  5. Edwards v. BrushaSupreme Court of Oklahoma · 1907

5 more not listed; retrieve them via the Exa API.

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