Martin v. Brown
Supreme Court of Minnesota
Appeal from the district court of hennepin county. Points and authorities of Appellant: First. — 1. The Judge errediu his conclusion of law from the-facts found by him, that the Plaintiff was not entitled to a decree of strict foreclosure against the Defendant Charles Brown, for the reasons stated by him in the Second of his conclusions of law, to wit: “ That the Defendant, Charles Brown, is a bona fide purchaser of said premises for a valuable consideration, and without…
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Appeal from the district court of hennepin county. Points and authorities of Appellant: First. — 1. The Judge errediu his conclusion of law from the-facts found by him, that the Plaintiff was not entitled to a decree of strict foreclosure against the Defendant Charles Brown, for the reasons stated by him in the Second of his conclusions of law, to wit: “ That the Defendant, Charles Brown, is a bona fide purchaser of said premises for a valuable consideration, and without notice of the existence of said unrecorded deed; and as such purchaser is entitled to hold and own said premises,…
1Opinion of the CourtEmmett, C. J.
By the Court. The defence assumed in the argument of this case, that the Judge below found as a matter of fact that Charles Brown was a Iona fide purchaser, for a valuable consideration, of the lands in question; and hence it is insisted that we should not disturb that finding, unless it is grossly against the weight of evidence; that where the facts of a case- are submitted to the Court, the decision of the Judge thereon is entitled to the same consideration as the verdict of a jury.
One great reason why Courts are loth to disturb the verdict of a jury upon a question of fact, is because the…
2Cited by10 opinions
- Baker v. WoodwardOregon Supreme Court · 1884
- Prentice v. Duluth Storage & Forwarding Co.Court of Appeals for the Eighth Circuit · 1893
- Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
- Humphrey v. HavensSupreme Court of Minnesota · 1867
- Everest v. FerrisSupreme Court of Minnesota · 1870
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