Roussain v. Norton
Supreme Court of Minnesota
Appeal by plaintiffs, Zoe Eoussain and Francois Eoussain, Jr., from an order of the District Court of St. Louis County, D. B. tiearle, J., made December 24, 1892, denying their motion for a new trial. The plaintiffs are the heirs at law of Francois Eoussain, Sr., who died intestate June 3, 1885, seised in fee of the northwest quarter of section six, (6,) T. 48, E. 15, in St. Louis County. He received patents for the land in 1860. He and wife deeded it in 1867, to D. Geo.
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Appeal by plaintiffs, Zoe Eoussain and Francois Eoussain, Jr., from an order of the District Court of St. Louis County, D. B. tiearle, J., made December 24, 1892, denying their motion for a new trial. The plaintiffs are the heirs at law of Francois Eoussain, Sr., who died intestate June 3, 1885, seised in fee of the northwest quarter of section six, (6,) T. 48, E. 15, in St. Louis County. He received patents for the land in 1860. He and wife deeded it in 1867, to D. Geo. Morrison of Superior, Wis., as security for money borrowed. In 1872, Morrison and wife reconveyed the land to Francois…
1Opinion of the CourtGilfillan, C. J.
This is an aetion under the statute to determine adverse claims to real estate, brought by the widow and heirs of Francois Eoussain, Sr., deceased.
In 1860 the land in controversy, consisting of one tract of 168 acres, was conveyed to him by United States patents duly recorded in the register’s office in the county (St. Louis) in 1863. January 10, 1867, he, by deed absolute in form, but intended as security, and so a mortgage, and duly recorded January 14, 1867, conveyed the land, in terms, to one Morrison. April 15, 1872, Morrison reconveyed the land to Eoussain by deed not recorded till…
2Cases cited3 opinions
- Pence v. ArbuckleSupreme Court of Minnesota · 1876
- Bank of Benson v. HoveSupreme Court of Minnesota · 1890
- Clague v. WashburnSupreme Court of Minnesota · 1890
3Cited by9 opinions
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- B. W. & Leo Harris Co. v. City of HastingsSupreme Court of Minnesota · 1953
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- Township of Sterling v. GriffinSupreme Court of Minnesota · 1976
- Sloss-Sheffield S. & I. Co. v. TaffSupreme Court of Alabama · 1912
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