Lamberton v. Merchants' National Bank
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Wabasha county, Mitchell, J., presiding, overruling a demurrer to the complaint in this action.
1Opinion of the CourtGieillan, C. J.
From the complaint it appears that one Mead was the owner of certain real estate in Wabasha county, and on August 5, 1876, conveyed it to one Phillips, and Phillips afterwards conveyed to plaintiff. September 20,1876, a judgment recovered by defendant against Mead was docketed in Wabasha county. Phillips was then in possession of the real estate, but his deed had not been recorded. Defendant sold under its judgment and bid in the property, and this action is to set aside the sale.
The possession of Phillips was notice of his title, and the question is, whether a prior unrecorded deed, or a…
2Cases cited17 opinions
- Daniel v. SorrellsSupreme Court of Alabama · 1846
- Burt v. CassetySupreme Court of Alabama · 1848
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Corliss v. CorlissSupreme Court of Vermont · 1836
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Application of JuranSupreme Court of Minnesota · 1929
- Baker v. WoodwardOregon Supreme Court · 1884
- Ildvedsen v. First State Bank of BowbellsNorth Dakota Supreme Court · 1912
- Willard v. FinneganSupreme Court of Minnesota · 1890
- Wilkins v. BevierSupreme Court of Minnesota · 1890
14 more not listed; retrieve them via the Exa API.