Gesner v. Burdell
Supreme Court of Minnesota
The defendant appeals from an order of the. district court, for Wabasha county, overruling his demurrer to the complaint.
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The defendant appeals from an order of the. district court, for Wabasha county, overruling his demurrer to the complaint. The material allegations of the complaint, are substantially as follows: that on March 29th, 1866, John E. and David D. Field were seized in fee simple, as tenants in common, of certain real estate in Wabasha county, Minnesota, and in possession ; that on the same day and year, John R. Field for a valuable consideration executed and delivered to David D. Field his' full covenant warranty deed, conveying to said David D. Field his undivided one half of said premises; that…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
It appears by the complaint that the defendant knew when he took from John R. Field, the quit-claim of all said Field’s interest in the premises, that said Field had previously conveyed his undivided half thereof to his brother.- So far as the 'defendant is concerned, therefore, the case stands as it would stand if John R. Field’s said deed to his brother had been duly recorded at the time of the execution and delivery of said quit-claim deed.
If the brothers had joined in the mortgage to the plaintiff while John R. was still the owner of his said moiety of the land,…
2Cases cited3 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Everest v. FerrisSupreme Court of Minnesota · 1870
- Davis v. SeymourSupreme Court of Minnesota · 1870