Legal Opinion

Palmer v. Bates

Supreme Court of Minnesota

Decided April 11, 1876PublishedCited by 11 opinions

Complaint under the statute to determine the adverse claim of defendants to real estate in Olmsted county, in possession of plaintiff. Answer, denying plaintiff’s title, alleging title in defendant Angeline E. Keyes, and praying that her title be confirmed. Trial before O. B. Gould, Esq., as referee, upon whose report judgment was entered for defendant Keyes, from which plaintiff appeals.

1Opinion of the CourtBerry, J.

In this case the material facts, as found by the referee, are these : On July 2,1867, plaintiff was owner in fee of 160 acres of land, including the forty-acre tract to which this action relates. On the same day he executed and delivered to Whitman a mortgage upon said land, to secure his three promissory notes running to Whitman, and due, respectively, November 1, 1868, November 1, 1869, and November 1, 1870. Whitman assigned the notes and mortgage to Birge. In November, 1868, plaintiff paid Birge the note first due, and took up the same. On January 22, 1869, Birge executed and delivered to…

2Cases cited2 opinions

  1. Groff v. RamseySupreme Court of Minnesota · 1872
  2. Morrison v. MarchSupreme Court of Minnesota · 1860

3Cited by11 opinions

  1. Girardeau v. PerkinsCourt of Appeals of Texas · 1910
  2. Merchant v. WoodsSupreme Court of Minnesota · 1881
  3. Dutton v. McReynoldsSupreme Court of Minnesota · 1883
  4. New v. WheatonSupreme Court of Minnesota · 1878
  5. Redin v. BranhanSupreme Court of Minnesota · 1890

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