Errett v. Wheeler
Supreme Court of Minnesota
Action in the district court for Ramsey county to determine adverse claims to a certain vacant city lot. The answer alleged that defendant Rush B. Wheeler was the owner in fee simple of the lot, set up substantially the facts mentioned in the second paragraph of the opinion and alleged that defendant Wheeler had no knowledge or notice or any outstanding interest in said premises.
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Action in the district court for Ramsey county to determine adverse claims to a certain vacant city lot. The answer alleged that defendant Rush B. Wheeler was the owner in fee simple of the lot, set up substantially the facts mentioned in the second paragraph of the opinion and alleged that defendant Wheeler had no knowledge or notice or any outstanding interest in said premises. It prayed the court in case defendant was adjudged not to be the owner of the lot, that the satisfaction of mortgage be canceled and the mortgage and the amount of delinquent taxes paid by defendants decreed to be…
1Opinion of the CourtBrown, J.
Action to determine adverse claims to certain real property, in which plaintiff had judgment, and defendant appealed from an order denying a new trial.
One McKelvey was formerly the owner of the property, lot 22, block 2, Wann’s addition to St. Paul, and in 1895 mortgaged the same to Bessie M. Kern to secure a loan of $500. The mortgage was recorded at about the date of its execution, but has never been paid. On November 12, 1903, McKelvey by quitclaim deed conveyed the lot to plaintiff for the consideration of $5. The deed was not recorded until after the commencement of this action. On…
2Cases cited12 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Hurd v. HallWisconsin Supreme Court · 1860
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Atkinson v. PlumWest Virginia Supreme Court · 1901
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- Louisville Joint Stock Land Bank v. Bank of PembrokeCourt of Appeals of Kentucky (pre-1976) · 1928
- Shraiberg v. HansonSupreme Court of Minnesota · 1917
- Cuesta, Rey Co. v. Newsom, as LiquidatorSupreme Court of Florida · 1931
- Engenmoen v. LutroeSupreme Court of Minnesota · 1922
13 more not listed; retrieve them via the Exa API.