Sandretto v. Wahlsten
Supreme Court of Minnesota
Action in the district court for St. Louis county. The answer, among other matters, alleged that it was the intention of James W. Sherman, the grantor, and Gust Lee, the grantee, in a certain deed made in the year 1903 to convey and to purchase only that part of the 40-aere tract which lay west of the Tower and Embarrass road and if, as a matter of fact, the measurements were incorrect and the metes and bounds in the description covered any portion of the tract other than…
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Action in the district court for St. Louis county. The answer, among other matters, alleged that it was the intention of James W. Sherman, the grantor, and Gust Lee, the grantee, in a certain deed made in the year 1903 to convey and to purchase only that part of the 40-aere tract which lay west of the Tower and Embarrass road and if, as a matter of fact, the measurements were incorrect and the metes and bounds in the description covered any portion of the tract other than lands lying west of that road, the same were a mutual mistake of the parties and contrary to their intention. The…
1Opinion of the CourtHallam, J.
1. This is an action in ejectment. One Sherman owned 40 acres of land in St. Louis county, with a road running through it known as the Tower and Embarrass road. In 1903 he conveyed part of the land to one Gust Lee, plaintiff’s grantor, by a deed, describing the tract conveyed as follows:
“Commencing at the northwest comer of the southeast quarter of the northwest quarter of section eight (8), of township sixty-one *333(61) of range fifteen (15) west, tbence running east on tbe north line of said S. E. ¿ forty-eight (48) rods, thence in a southerly direction eighty (80) rods to a point on the south…
2Cases cited4 opinions
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
- Mason v. RyusSupreme Court of Kansas · 1881
3Cited by8 opinions
- Dittrich v. UblSupreme Court of Minnesota · 1944
- Simms v. FaganSupreme Court of Minnesota · 1943
- O'Connell v. WardSupreme Court of Minnesota · 1915
- Mather v. London Guarantee & Accident Co.Supreme Court of Minnesota · 1914
- Sinclair v. Investors SyndicateSupreme Court of Minnesota · 1914
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