Allen v. Allen
Supreme Court of Minnesota
Appeal by plaintiff, Charles T. Allen, from a judgment of the district court of Hennepin county, Hooker, J., entered September 19, 1891, dismissing the action. On August 7, 1890, the defendants Elliott C. Allen and Bertha M. Allen, his wife, in consideration of $250 paid to them, deeded to plaintiff a lot in Minneapolis. They covenanted in the deed that they were well seised in fee of the premises, and had good right to sell and convey the same.
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Appeal by plaintiff, Charles T. Allen, from a judgment of the district court of Hennepin county, Hooker, J., entered September 19, 1891, dismissing the action. On August 7, 1890, the defendants Elliott C. Allen and Bertha M. Allen, his wife, in consideration of $250 paid to them, deeded to plaintiff a lot in Minneapolis. They covenanted in the deed that they were well seised in fee of the premises, and had good right to sell and convey the same. They bought the lot of Samuel B. Loye. He bought it of Willis G. Baker, March 17, 1887, and took from him and wife what the parties at the time…
1Opinion of the CourtCollins, J.
The instrument, executed and acknowledged by 'Willis G. Baker and wife, in which these persons and S. B. Loye were named as parties of the first part, was fatally defective as a conveyance of xeal property, because no one was therein named as of the second part, and no person could take anything by it. In every grant there must be a grantor, a grantee, and a thing granted, and a deed wanting in either essential is invalid. A grantee is as necessary to the validity of a grant as that there should be a grantor or a thing granted. Garnett v. Garnett, 7 T. B. Mon. 545; Whitaker v. Miller, 83 Ill.…
2Cases cited3 opinions
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Kimball v. BryantSupreme Court of Minnesota · 1879
- Whitaker v. MillerIllinois Supreme Court · 1876
3Cited by17 opinions
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- Henniges v. PaschkeNorth Dakota Supreme Court · 1900
- Casserly v. MorrowSupreme Court of Minnesota · 1907
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