Legal Opinion

Berryhill v. Smith

Supreme Court of Minnesota

Decided December 7, 1894No. 8750PublishedCited by 4 opinions

Appeal by plaintiff, Margaret L. Berryhill, from a judgment of the. District Court of Ramsey County, Chas. E. Otis, J., rendered .April 27, 1893. The plaintiff commenced this action under 1878 G. S. ch. 75, § 2, to determine the adverse claims of defendant, Howard L. Smith, to lot five (5) and a part of lot A, in Berryhill & Davison’s rearrangement of block three (3) in Nininger & Donnelly’s addition to Holcombe’s addition to St. Paul.

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Appeal by plaintiff, Margaret L. Berryhill, from a judgment of the. District Court of Ramsey County, Chas. E. Otis, J., rendered .April 27, 1893. The plaintiff commenced this action under 1878 G. S. ch. 75, § 2, to determine the adverse claims of defendant, Howard L. Smith, to lot five (5) and a part of lot A, in Berryhill & Davison’s rearrangement of block three (3) in Nininger & Donnelly’s addition to Holcombe’s addition to St. Paul. Defendant answered claiming title under a judgment and sale in an action commenced August 29, 1891, to foreclose mechanic’s liens on the property. Plaintiff…

1Opinion of the CourtMitchell, J.

Action to determine adverse claims to real property. The short facts are that one Healey was originally the owner of the property, subject to a mortgage held by one Resser, through which plaintiff claims title, and subject to certain mechanics’ liens, through which defendant claims title. In an action commenced *288by some of the lienholders to foreclose their mechanics’ liens, and to which the other lienholders, as well as Healey and Eesser, were made defendants, judgment was rendered April 7, 1892, adjudging, the claims of all the lienholders to be specific liens on the premises superior to the…

2Cases cited2 opinions

  1. Windom v. SchuppelSupreme Court of Minnesota · 1888
  2. Johnson v. RobinsonSupreme Court of Minnesota · 1873

3Cited by4 opinions

  1. Minnesota Debenture Co. v. JohnsonSupreme Court of Minnesota · 1905
  2. Hall v. SauntrySupreme Court of Minnesota · 1898
  3. Fuller v. Mohawk Fire Insurance Co.Supreme Court of Minnesota · 1932
  4. West Missabe Land Co. v. BergSupreme Court of Minnesota · 1904

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