Legal Opinion

Vessey v. Dwyer

Supreme Court of Minnesota

Decided December 15, 1911No. Nos. 17,295—(153)PublishedCited by 9 opinions

Action, in the district court for Hennepin county for partition of certain land. The answer admitted the value of the land alleged, denied the other allegations of the complaint, and alleged that any claim made to the premises by plaintiff was derived wholly through the deed mentioned in the opinion; that the instrument was never delivered to any person, and was wholly ineffectual to convey any interest in the land.

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Action, in the district court for Hennepin county for partition of certain land. The answer admitted the value of the land alleged, denied the other allegations of the complaint, and alleged that any claim made to the premises by plaintiff was derived wholly through the deed mentioned in the opinion; that the instrument was never delivered to any person, and was wholly ineffectual to convey any interest in the land. The reply alleged that the deed in question was duly delivered and caused to be recorded by the grantor for the purpose of conveying the title to the land to her two daughters,…

1Opinion of the CourtLewis, J.

Action for partition of thirty acres of land, and the controversy over the title arose as follows: On August 30, 1894, Ellen Darcy, a widow, executed a quitclaim deed conveying the premises in ques*247fcion to her daughters, Mary E. Darcy and Lizzie Darcy. The deed was in the ordinary form, but contained the following conditions:

“This conveyance and the title of said second parties to the above-described lands to take only upon the death of said first party; and this conveyance is made only upon the covenant and agreement between all said parties that said first party shall continue to own and…

2Cases cited7 opinions

  1. Lee v. FletcherSupreme Court of Minnesota · 1891
  2. Babbitt v. BennettSupreme Court of Minnesota · 1897
  3. Barnard v. ThurstonSupreme Court of Minnesota · 1902
  4. Kittell v. Missisquoi R. R.Supreme Court of Vermont · 1883
  5. Graves v. AtwoodSupreme Court of Connecticut · 1885

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

3Cited by9 opinions

  1. Ingersoll v. OdendahlSupreme Court of Minnesota · 1917
  2. Ekblaw v. NelsonSupreme Court of Minnesota · 1914
  3. Kessler v. Von BankSupreme Court of Minnesota · 1919
  4. Georgen-Running v. Bidwell (In Re Bidwell)United States Bankruptcy Court, D. Minnesota · 2005
  5. Hagen v. HagenSupreme Court of Minnesota · 1917

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

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