Banning v. Edes
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OE RAMSET COUNTY. This action was brought in the District Court of Ramsey County, to foreclose a certain mortgage executed by D. A. J. Baker and wife, to one Charles W. Pairo, — tbe Plaintiff claiming under an assignment of said mortgage. The Defendants, Banning and Knox, interposed answers, claiming title under a judgment against Baker, and which title they claim takes precedence of Plaintiff’s mortgage.
Read the full summary
APPEAL FROM THE DISTRICT COURT OE RAMSET COUNTY. This action was brought in the District Court of Ramsey County, to foreclose a certain mortgage executed by D. A. J. Baker and wife, to one Charles W. Pairo, — tbe Plaintiff claiming under an assignment of said mortgage. The Defendants, Banning and Knox, interposed answers, claiming title under a judgment against Baker, and which title they claim takes precedence of Plaintiff’s mortgage. It appears that on the 5th day of June, 1856, Pairo owned the land in fee, and on that day entered into a contract of sale therefor with said Baker, upon the…
1Opinion of the Court
By the Court —
Atwateb, J.
— The deed from Pairo to Baker of the premises in dispute, had no witnesses, and the objection has been raised upon the argument that nothing passed by that instrument, and that the title still remains in Pairo. In the view taken by the Court of this case, it seems unnecessary to examine this objection. Both parties claim title-through Pairo, and under Baker. The pleadings of both parties recognize the legal title in Baker, nor does there seem to have been any question raised in the Court below as to his title. The contest between the parties is for Baker’s title of…
2Cases cited5 opinions
- In re HoweNew York Court of Chancery · 1828
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Keirsted v. AveryNew York Court of Chancery · 1832
- People v. JacksonNew York Supreme Court · 1850
3Cited by8 opinions
- Cowardin v. AndersonSupreme Court of Virginia · 1883
- Barker v. KelderhouseSupreme Court of Minnesota · 1863
- Charlottesville Hardware Co. v. PerkinsSupreme Court of Virginia · 1915
- Securities Acceptance Corp. v. LewisSupreme Court of Iowa · 1941
- Babcock v. JonesSupreme Court of Kansas · 1875
3 more not listed; retrieve them via the Exa API.