Legal Opinion

Buse v. Page

Supreme Court of Minnesota

Decided May 22, 1884PublishedCited by 18 opinions

Plaintiff brought this action in April, 1883, in the district court for Otter Tail county, against Henry G. Page, Henry Opperman, John W. Corliss and others, (claiming under defendant Page,) praying (among other things) that an assignment of a sheriff’s certificate of mortgage sale by Opperman to Corliss, bearing date March 13, 1875, be declared a mortgage, and for leave to redeem; and that a judgment in a suit brought by defendant Page against Opperman and others be…

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Plaintiff brought this action in April, 1883, in the district court for Otter Tail county, against Henry G. Page, Henry Opperman, John W. Corliss and others, (claiming under defendant Page,) praying (among other things) that an assignment of a sheriff’s certificate of mortgage sale by Opperman to Corliss, bearing date March 13, 1875, be declared a mortgage, and for leave to redeem; and that a judgment in a suit brought by defendant Page against Opperman and others be declared void as to Opperman and this plaintiff. The action was tried by Collins, J., who found, among other facts, (not here…

1Opinion of the Court

Berry, J.1

Where A conveys land to B by absolute deed, and B at the same time executes to A a bond or agreement conditioned to reconvey the land to A upon payment of a certain sum of money at a time specified,'the transaction between the parties, upon this simple state of facts, purports to be, and prima facie is, what is called a conditional sale and not a mortgage. Except in Pennsylvania, where a somewhat peculiar doctrine appears to prevail, an examination of the adjudged cases will generally show that where a deed absolute and a simultaneous bond or agreement for reconveyance have been…

2Cases cited15 opinions

  1. Henley v. HotalingCalifornia Supreme Court · 1871
  2. Teese v. HuntingdonSupreme Court of the United States · 1860
  3. Haynie v. RobertsonSupreme Court of Alabama · 1877
  4. Sleeper v. Van MiddlesworthNew York Supreme Court · 1847
  5. Cornell v. HallMichigan Supreme Court · 1871

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3Cited by18 opinions

  1. Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
  2. Holmes v. Lilygren Motor Co. Inc.Supreme Court of Minnesota · 1937
  3. Citizens Bank v. MeyerSupreme Court of Minnesota · 1921
  4. Gagne v. HobanSupreme Court of Minnesota · 1968
  5. Spratt v. CommissionerUnited States Board of Tax Appeals · 1941

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