Legal Opinion

Warren v. Fish

Supreme Court of Minnesota

Decided July 15, 1862PublishedCited by 14 opinions

ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. The following are tbe facts and conclusions of law as found by James G-ilfillan, tbe Referee, before whom said cause was tried: That at tbe City of St. Paul, County of Ramsey and State of Minnesota, on tbe 25tb day of March, 1861, and on divers days thereafter, tbe parties, Plaintiffs and Defendant, by their respective attorneys, came before me and proceeded with tbe trial of tbe cause, and having beard all the allegations and…

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ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. The following are tbe facts and conclusions of law as found by James G-ilfillan, tbe Referee, before whom said cause was tried: That at tbe City of St. Paul, County of Ramsey and State of Minnesota, on tbe 25tb day of March, 1861, and on divers days thereafter, tbe parties, Plaintiffs and Defendant, by their respective attorneys, came before me and proceeded with tbe trial of tbe cause, and having beard all the allegations and proofs of tbe respective parties and tbe arguments oí tbe counsel, and they having submitted tbe cause for my…

1Opinion of the Court

By the Cowrt

Elakdeau, J.

This case turns upon the validity of the redemption made by Mr. Fish, of the lands, on the 19th of February, 1853. He was the grantee of the judgment debtor, and the owner of the land, subject only to the rights of the purchaser, at the sale on execution, and the lien of the McCarty mortgage. He cannot be said to have had a lien upon the land. He was the owner of the fee. A redemption by him did not have the effect of transferring to him the rights of the purchaser, subject to be defeated by other redemptioners; it terminated the sale, and restored him to his estate…

2Cited by14 opinions

  1. Flanders v. AumackOregon Supreme Court · 1897
  2. Hamilton v. HamiltonMontana Supreme Court · 1916
  3. DeRoberts v. StilesWashington Supreme Court · 1901
  4. Horton v. MaffittSupreme Court of Minnesota · 1869
  5. Ford v. Nokomis State BankWashington Supreme Court · 1925

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