Legal Opinion

Everest v. Ferris

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 15 opinions

This action was commenced in the district court for Mower county, to remove a cloud upon the plaintiff’s title to certain lands in said county. The defendants Bawsons answered separately; the other defendants answered saying they had no interest in the premises. The following facts were found substantially, by the referee before whom the ease was tried.

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This action was commenced in the district court for Mower county, to remove a cloud upon the plaintiff’s title to certain lands in said county. The defendants Bawsons answered separately; the other defendants answered saying they had no interest in the premises. The following facts were found substantially, by the referee before whom the ease was tried. On the 17th day of October, 1857, one Eliza Lockard pur-chased of the United States the lands in, question, and on the same day executed a no.te for $200;, payable in one year, to one Bobert J. Templeton, for the money borrowed of Templeton to…

1Opinion of the Court

By the Court

Beery J.

Upon the facts found by the referee, it is manifest that the interest of the defendant Ferris in the premises in controversy, was that of mortgagee. The referee finds “that said Ferris, in consideration of two hundred and fifty dollars, paid to him by the defendants Hart Eawson and Harvey EawSon, executed and delivered to them a quifrclaim deed of conveyance, whereby he remised and released, sold, conveyed and quit-claimed to the defendants Eawsons, all his right, title, interest, claim and demand in or to said premises; that Benjamin S, Ferris did not, then or at any…

2Cases cited6 opinions

  1. Greve v. CoffinSupreme Court of Minnesota · 1869
  2. Hope v. StoneSupreme Court of Minnesota · 1865
  3. Hill v. EdwardsSupreme Court of Minnesota · 1865
  4. Martin v. BrownSupreme Court of Minnesota · 1860
  5. Johnson v. LewisSupreme Court of Minnesota · 1868

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3Cited by15 opinions

  1. Winters v. City of DuluthSupreme Court of Minnesota · 1901
  2. State ex rel. Olsen v. Board of Control of State InstitutionsSupreme Court of Minnesota · 1902
  3. Johnson v. WilliamsSupreme Court of Kansas · 1887
  4. Jordan v. SayreSupreme Court of Florida · 1892
  5. Prentice v. Duluth Storage & Forwarding Co.Court of Appeals for the Eighth Circuit · 1893

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