Dutton v. McReynolds
Supreme Court of Minnesota
Plaintiff brought this action in the district court fof Steele county, alleging himself to be owner in fee of certain lands in that county, and praying that a judgment and an execution sale, under which defendant claimed title to the lands, be set aside and declared to be not a lien thereon. A jury was waived, and the action* tried by Blick■ham, J., who fQund the facts to be as stated in the opinion, and ordered judgment in favor of defendant.
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Plaintiff brought this action in the district court fof Steele county, alleging himself to be owner in fee of certain lands in that county, and praying that a judgment and an execution sale, under which defendant claimed title to the lands, be set aside and declared to be not a lien thereon. A jury was waived, and the action* tried by Blick■ham, J., who fQund the facts to be as stated in the opinion, and ordered judgment in favor of defendant. Plaintiff appeals froto an order refusing a new trial.
1Opinion of the CourtDickinson, J.
The plaintiff sold and conveyed a tract of land to Isaac W. Ferguson, Stephen Ferguson, and Dana P. .Sawyer, taking back a mortgage from the-grantees upon the same land to secure the purchase price, §3,000. The deed and mortgage were recorded. Afterwards, in October, 1876, the two Fergusons conveyed to Sawyer, their co-tenant, by deed of quitclaim, all their title in the land. This deed was not recorded until October, 1879. After this conveyance to Sawyer, but before the recording of the deed, viz., .in May, 1878, the defendant, who had nót then actual notice of the conveyance from Ferguson…
2Cases cited1 opinion
- Palmer v. BatesSupreme Court of Minnesota · 1876
3Cited by15 opinions
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- Crooks v. JenkinsSupreme Court of Iowa · 1904
- Red River Valley Land & Investment Co. v. SmithNorth Dakota Supreme Court · 1898
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