Spencer v. Levering
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and Authorities of Plaintiffs in Error. I. — It does not follow from tbe mere faet that they were “ seized of the fee simple title” of tbe land that they were entitled prima facie even to tbe rents or to tbe possession thereof. The estate alleged and found in tbe Plaintiffs below is not necessarily an estate in possession. Comp.
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and Authorities of Plaintiffs in Error. I. — It does not follow from tbe mere faet that they were “ seized of the fee simple title” of tbe land that they were entitled prima facie even to tbe rents or to tbe possession thereof. The estate alleged and found in tbe Plaintiffs below is not necessarily an estate in possession. Comp. Stats., p>p. 377and 378; 1 BurrilVs Law Die., 516. II. — There is no pretence that the “ occupants” from whom these rents were collected were the tenants of Levering and Morton. On the contrary, the presumption,…
1Opinion of the Court
By the Court.
Emmett, C. J.
The facts of this case are in substance as follows :^-Some time in the year 1856, one *464William H. Randall was the owner of certain property described in the complaint, and as sncb mortgaged the same to one John Randall, to secure the payment of a sum of money. Afterwards in the year, 1858,*Wm. H. Randall conveyed said premises to the Plaintiffs below, who have since that time to the commencement of this action been seized in fee of the same. John Randall assigned his said mortgage to one Bradford, but at what time does not appear. It does appear, however, that,…
2Cases cited1 opinion
- Stone v. BassettSupreme Court of Minnesota · 1860
3Cited by6 opinions
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Hughes Development Company, Inc., Francis R. Hughes, and Bernadette J. Hughes, Federal Deposit Insurance, Corporation, in Its Corporate Capacity v. Hughes Development Company Francis R. Hughes Bernadette J. HughesCourt of Appeals for the Eighth Circuit · 1991
- Martin v. LennonSupreme Court of Minnesota · 1872
- Farm Mortgage Loan Co. v. PettetNorth Dakota Supreme Court · 1924
- Wood v. ButtonMichigan Supreme Court · 1919
- Nopson v. HortonSupreme Court of Minnesota · 1873
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