Lowry v. Hurd
Supreme Court of Minnesota
APPEAL EBOM THE DISTBICT COUBT OF OLMSTED OOTJHTY. I. — The firm of “ Harris, Cowles & Co,,” as a firm, could not become a grantee by their firm name. Natural persons and corporations only are capable of becoming parties to conveyances of real estate. The deed to them and to James TT. Harris jointly, was at law a conveyance to James H. Harris only, and no resulting trust accrued to the members of the firm because they paid the purchase money or any part of it. Comp.
Read the full summary
APPEAL EBOM THE DISTBICT COUBT OF OLMSTED OOTJHTY. I. — The firm of “ Harris, Cowles & Co,,” as a firm, could not become a grantee by their firm name. Natural persons and corporations only are capable of becoming parties to conveyances of real estate. The deed to them and to James TT. Harris jointly, was at law a conveyance to James H. Harris only, and no resulting trust accrued to the members of the firm because they paid the purchase money or any part of it. Comp. Stat. 382, seo. 7; 8 John. B. 385. The various records of deeds and powers of attorney, offered in evidence by the Plaintiff to…
1Opinion of the Court
By the Court
Atwater, J.
This was an action brought to foreclose a mortgage upon some two hundred and fifty lots in Rochester, Olmsted County, being for a balance due on the purchase money of said lots. Several defences were set up in the answer, only one of which it will be necessary to notice, in the view taken by this Court, of the ruling upon the same by the judge before whom the issue was tried. The second defence was substantially as follows :
That the mortgagors bought' the mortgaged premises of the Plaintiff for $18,750, and took his deed with covenants of title, seizin and good right to…
2Cases cited4 opinions
- Le Roy v. BeardSupreme Court of the United States · 1850
- Edwards v. BodineNew York Supreme Court · 1841
- Brown v. ManningSupreme Court of Minnesota · 1859
- Floom v. BeardIndiana Supreme Court · 1846
3Cited by9 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Rogers v. BentonSupreme Court of Minnesota · 1888
- State ex rel. Davidson v. GormanSupreme Court of Minnesota · 1889
- Cullen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1895
- Randall v. BourguardezSupreme Court of Florida · 1887
4 more not listed; retrieve them via the Exa API.