Johnson v. Robinson
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county. The complaint alleges, substantially, that the defendant, Simon P. Snyder, on the 5th day of December, 1857, was the owner in fee of certain premises, particularly described by metes and bounds.
Read the full summary
This action was brought in the district court for Hennepin county. The complaint alleges, substantially, that the defendant, Simon P. Snyder, on the 5th day of December, 1857, was the owner in fee of certain premises, particularly described by metes and bounds. That Snyder and wife conveyed the “ aforesaid premises ” to McParlane, by deed dated December 5, 1S57. That McParlane conveyed “ said premises ” to McKinney, by deed dated June 25, 1858. That McKinney conveyed “ said premises ” to Boyd, by deed dated July 1, 1858. That Boyd conveyed “ said premises ” to Stough, by deed dated July 27,…
1Opinion of the Court
By the Court.
Berrt, J.
The complaint in this case lacks that distinct and explicit averment of plaintiff’s 'interest in the premises in controversy which good pleading requires. Nevertheless, “ liberally construed with a view to substantial justice between the parties,” (in the language of section 89, ch. 66, Gen. Stat.,) we think the complaint may be supported, though it is to be hoped that it will not become a precedent.
The complaint alleges Snyder’s ownership of the premises in fee, his bargain and sale of the same to McFarlane for a *192valuable consideration paid by the latter, the execution…
2Cases cited2 opinions
- Marshall v. RobertsSupreme Court of Minnesota · 1872
- Greenleaf v. EdesSupreme Court of Minnesota · 1858
3Cited by5 opinions
- Howe v. MartinSupreme Court of Oklahoma · 1909
- Ildvedsen v. First State Bank of BowbellsNorth Dakota Supreme Court · 1912
- Waller v. BowlingSupreme Court of North Carolina · 1891
- Waller v. . BowlingSupreme Court of North Carolina · 1891
- Berryhill v. SmithSupreme Court of Minnesota · 1894