Brown v. Hathaway
Supreme Court of Minnesota
This is an action of ejectment. The complaint alleges that the plaintiff is seized and possessed of the title in fee simple, to certain real estate in Shalcopee; that the defendants are in possession and occupancy of the same, and refuse to deliver possession to the plaintiff. The plaintiff demands judgment for j>os~ session, &c. The answer denies the plaintiff’s title, and alleges title in the defendants.
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This is an action of ejectment. The complaint alleges that the plaintiff is seized and possessed of the title in fee simple, to certain real estate in Shalcopee; that the defendants are in possession and occupancy of the same, and refuse to deliver possession to the plaintiff. The plaintiff demands judgment for j>os~ session, &c. The answer denies the plaintiff’s title, and alleges title in the defendants. The premises in question were formerly owned by one William Phillips, and the same were levied upon and sold by the Sheriff April 19, 1862, under, and by virtue of an alias execution,…
1Opinion of the Court
By the Court —
McMillan, J.
— The first error assigned is that the entries or memoranda in the Register were inadmissible to *307prove a judgment; or if admissible at all, were clearly insufficient.
On the trial-the plaintiff in error objected to the record offered to prove the judgment, which objection was overruled, and the record admitted, to which the plaintiff in error excepted.
By sec. 40, chap. 72, Comp. Stat., p. 630, it is provided that “ the ck-rk must keep among the records of the Court a register of actions; he must enter therein the title of the action with brief notes under it from time…
2Cited by9 opinions
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- Cockrell v. SchmittSupreme Court of Oklahoma · 1908
- Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Schuster v. RaderSupreme Court of Colorado · 1889
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