Hackney v. Wollaston
Supreme Court of Minnesota
Action in the district court for Martin county to have a certain judgment confessed in favor of defendant Wollaston by Theodore L. Dreyer declared not to be a lien upon certain land conveyed by Dreyer to plaintiff. The cause was tried before Quinn, J., without a jury, who ordered judgment for defendants. From the judgment entered pursuant thereto, plaintiff appealed. The statement fails to state the consideration for the notes, and is insufficient to support the judgment.
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Action in the district court for Martin county to have a certain judgment confessed in favor of defendant Wollaston by Theodore L. Dreyer declared not to be a lien upon certain land conveyed by Dreyer to plaintiff. The cause was tried before Quinn, J., without a jury, who ordered judgment for defendants. From the judgment entered pursuant thereto, plaintiff appealed. The statement fails to state the consideration for the notes, and is insufficient to support the judgment. Chappel v. Chappel, 12 N. Y. 215; Dunham v. Waterman, 17 N. Y. 9; Banning v. Carpenter, 20 N. Y. 447; Freligh v. Brink, 22…
1Opinion of the CourtCanty, J.
On April 12,1894, one Dreyer was the owner of a certain piece of land, and on that day conveyed it to plaintiff, who neglected to place his deed on record until December 31,1895. In the meantime, on December 17, 1895, Dreyer confessed judgment to defendants for the sum of $276.75, and the judgment was duly entered and docketed. In this action plaintiff attacks the judgment, and claims that it is void as to him. On the trial the court below held the judgment valid, and ordered judgment herein for defendants. From the judgment entered thereon, plaintiff appeals.
*116Section 6077, G. S. 1894,…
2Cases cited4 opinions
- Wells v. GiesekeSupreme Court of Minnesota · 1881
- Norris v. DentonNew York Supreme Court · 1859
- Kendall v. HodginsThe Superior Court of New York City · 1858
- Marks v. ReynoldsNew York Supreme Court · 1861
3Cited by2 opinions
- Miller v. ShugartSupreme Court of Minnesota · 1982
- Whelan v. ReynoldsSupreme Court of Minnesota · 1907