Coles v. Berryhill
Supreme Court of Minnesota
Action to determine adverse claims to land in Kanabec county, brought in the district court for that county, and tried by Crosby, J., ■without a jury. The facts found are, in substance, as follows: On September 19, 1870, one George W. Nesbitt entered the land in question at the land-office at Taylor’s Falls, and received the receiver’s receipt.
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Action to determine adverse claims to land in Kanabec county, brought in the district court for that county, and tried by Crosby, J., ■without a jury. The facts found are, in substance, as follows: On September 19, 1870, one George W. Nesbitt entered the land in question at the land-office at Taylor’s Falls, and received the receiver’s receipt. On August 1, 1871, a patent was issued by the United States to Nesbitt, and was thereafter recorded in the general land-office of the United States. On December 15, 1879, Nesbitt and wife executed and delivered to E. J. Chesley and W. Hammons a…
1Opinion of the Court
Mitchell, J.1
If the judgment of Squires against Nesbitt acquired any priority over the unrecorded deed from Nesbitt to plaintiff’s grantor, Hammons, it must have been by virtue of the statute regulating the recording of conveyances of real estate; but this statute, by its express terms, makes an unrecorded conveyance void as against a judgment only when the judgment is “against the person in whose name the title to such land appears of record prior to the recording of such conveyance.” Gen. St. 1878, c. 40, § 21; Dickinson v. Kinney, 5 Minn. 332, (409, 417;) Golcher v. Brisbin, 20 Minn. 407,…
2Cases cited4 opinions
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- Parret v. ShaubhutSupreme Court of Minnesota · 1861
- Hayes v. ShawSupreme Court of Minnesota · 1874
3Cited by12 opinions
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Wilkins v. BevierSupreme Court of Minnesota · 1890
- Emerson-Brantingham Implement Co. v. CookSupreme Court of Minnesota · 1925
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- Lyman v. Gaar, Scott & Co.Supreme Court of Minnesota · 1899
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