Brown v. Manning
Supreme Court of Minnesota
WRIT OR ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The Plaintiff below in his complaint states that he performed a certain work and labor for the Defendant, for which he was to be paid by a particular lot of land in the city of St. Paul.
Read the full summary
WRIT OR ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The Plaintiff below in his complaint states that he performed a certain work and labor for the Defendant, for which he was to be paid by a particular lot of land in the city of St. Paul. That Defendant executed a Warranty Deed for said lot to him, but that the same was fraudulent, for the reasons, that long-before the employment of the Plaintiff to do the work, and the agreement to pay therefor with said lot, the Defendant had sold and conveyed the same by Warranty Deed to oneLevoy, which Deed was recorded before the date of the agreement,…
1Opinion of the Court
By the Oourt
— Elandrau, J.
The doctrine that where, in the absence of fraud, the grantee in a conveyance of land, with covenants, &c., has obtained any benefit by the conveyance, or acquired any estate or interest whatever in the premises, he cannot set up defects, or want of title in his grantor, in defence of an action for the purchase money, nor rescind the contract and recover back what he has paid, but must rely upon his covenants, is too well settled to be now disputed, because as Chancellor Walworth says in Talmadge vs. Willis, 25 Wend. 115, “ It is a well known fact that land is…
2Cases cited5 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bates v. DelavanNew York Court of Chancery · 1835
- Whitney v. LewisNew York Supreme Court · 1839
- Tallmadge v. WallisNew York Supreme Court · 1840
- Rickard v. StantonNew York Supreme Court · 1836
3Cited by2 opinions
- Lowry v. HurdSupreme Court of Minnesota · 1862
- Board of Com'rs v. SherwoodCourt of Appeals for the Eighth Circuit · 1894