Rollins v. Mitchell
Supreme Court of Minnesota
Appeal by defendants, Jethro Mitchell and Wellington R. Burt, from a judgment of the District Court of Carlton County, Stearns, J., entered September 23, 1892. Josephine G-abiou on December 1, 1869, received a patent from the United States for the south half of the northwest quarter and the north half of the southwest quarter of section thirty-four, (34,) in T. 48, R. 16, in Carlton county.
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Appeal by defendants, Jethro Mitchell and Wellington R. Burt, from a judgment of the District Court of Carlton County, Stearns, J., entered September 23, 1892. Josephine G-abiou on December 1, 1869, received a patent from the United States for the south half of the northwest quarter and the north half of the southwest quarter of section thirty-four, (34,) in T. 48, R. 16, in Carlton county. She then married Daniel Wright, and afterwards on September 7, 1872, conveyed the land to James Bar-don; and he on October 16, 1872, conveyed it to John D. Howard; and he on July 29, 1880, conveyed it to…
1Opinion of the CourtMitchell, J.
This was an action to determine an adverse claim of defendants to certain real estate. The defendants set up by way of counterclaim, as well as defense, facts from which they claimed that plaintiff held the title as trustee ex maleficio for defendant Mitchell. Marvin, the intervener, purchased from the plaintiff during the pendency of the action. This appeal is from a judgment in favor of the plaintiff"and the intervener.
Although we have concluded that the case is controlled by the weight of the evidence upon a single issue of fact, yet, in order to fully understand the testimony, it is…
2Cases cited1 opinion
- Matter of Will of O'HaraNew York Court of Appeals · 1884
3Cited by18 opinions
- Ewing Et Ex. v. EwingSupreme Court of Oklahoma · 1912
- Tourtillotte v. TourtillotteMassachusetts Supreme Judicial Court · 1910
- Putnam v. PutnamSupreme Court of Alabama · 1963
- Gates v. KelleyNorth Dakota Supreme Court · 1906
- Smith v. Twin City Motor Bus Co.Supreme Court of Minnesota · 1949
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