Townsend v. Fenton
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Murray county, Severance, J., presiding, overruling a demurrer to the answer, on the ground that the contract set out in the complaint is void as against the homestead law of the United States, the court stating that it had been so uniformly held in that district, but expressing doubt as to the correctness of so holding. The ease is stated in the opinion.
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Appeal by plaintiff from an order of the district court for Murray county, Severance, J., presiding, overruling a demurrer to the answer, on the ground that the contract set out in the complaint is void as against the homestead law of the United States, the court stating that it had been so uniformly held in that district, but expressing doubt as to the correctness of so holding. The ease is stated in the opinion. The contract set out in the pleadings is not contrary to any act of congress. It is now well settled that a pre-emptor may sell his title in futuro and even convey the same. Gamp v.…
1Opinion of the Court
Gilfillan, G. J.
Appeal from an order.overruling a demurrer to the answer. The action is to enforce specific performance of an oral agreement to convey real estate set forth in the complaint. The agreement was between plaintiff and defendant and one Darms, in substance as follows: Darms held defendant’s note for $1,866.70, and sold it to plaintiff, and agreed to pay defendant $100, upon the latter conveying the real estate to plaintiff. Plaintiff agreed that, upon such conveyance, he would surrender the note to defendant, and defendant agreed that, as soon as he should make final proof of his…
2Cases cited1 opinion
- Knight v. LearyWisconsin Supreme Court · 1882
3Cited by13 opinions
- Hendry v. BirdWashington Supreme Court · 1925
- Lang v. MoreySupreme Court of Minnesota · 1889
- Chamberlain v. AbramsWashington Supreme Court · 1905
- Cram v. ThompsonSupreme Court of Minnesota · 1902
- Orr v. UlyattNevada Supreme Court · 1896
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