State ex rel. Ashton v. Register of Deeds
Supreme Court of Minnesota
Appeal by the register of deeds from an order of the district court for Bamsey county, Wilkin, J., presiding, directing the issuance of a peremptory writ of mandamus. The acts of the legislature in question are unconstitutional, ■as they conflict with Const, art. 1, § 2. The lands being allodial (Const, art. 1, § 15,) the right to transfer them is a .right of the owner and her grantee.
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Appeal by the register of deeds from an order of the district court for Bamsey county, Wilkin, J., presiding, directing the issuance of a peremptory writ of mandamus. The acts of the legislature in question are unconstitutional, ■as they conflict with Const, art. 1, § 2. The lands being allodial (Const, art. 1, § 15,) the right to transfer them is a .right of the owner and her grantee. The recording act (Gen. St. 1878, c. 40, § 21,) compels one to record his deed before he can perfect his title. The protection of the recording act is at least a privilege, if not the right, of every purchaser…
1Opinion of the CourtBerry, J.
Mary Jane Ashton, being owner in fee of certain real estate in the city of St. Paul, on September 21, 1877, conveyed the same to the plaintiff, by warranty deed, duly executed and acknowledged; and on October 24, 1877, J. H. Ashton and others, having an interest in certain real estate in said city, conveyed the same to the plaintiff, by a quitclaim deed, also duly executed and acknowledged. Neither of the deeds having been recorded, the plaintiff, on September 10,1879, presented the same to the defendant, as register of deeds, at his office, for record, tendering the proper fees. Neither of…
2Cited by3 opinions
- Van Husan v. HeamesMichigan Supreme Court · 1893
- State ex rel. Baldwin v. MooreWashington Supreme Court · 1893
- Federal Intermediate Credit Bank v. Maryland Casualty Co.Supreme Court of Minnesota · 1935