Ferguson v. Kumler
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for McLeod county, Macdonald, J., presiding, refusing a new trial, after verdict for plaintiff. Tbe land in controversy was originally pre-empted by defendant. Tbe plaintiff claimed title as purchaser at an execution sale under a judgment in bis favor and against tbe defendant, rendered and docketed in Carver county, and a transcript filed in McLeod county, tbe time for redemption from tbe sale having expired.
Read the full summary
Appeal by defendant from an order of tbe district court for McLeod county, Macdonald, J., presiding, refusing a new trial, after verdict for plaintiff. Tbe land in controversy was originally pre-empted by defendant. Tbe plaintiff claimed title as purchaser at an execution sale under a judgment in bis favor and against tbe defendant, rendered and docketed in Carver county, and a transcript filed in McLeod county, tbe time for redemption from tbe sale having expired. Tbe defendant pleaded and introduced evidence tending to prove that at tbe time of the recovery of tbe judgment, and down to the…
1Opinion of the CourtBerry, J.
Under the provisions of Gen. St. c. 84, §11, this action is brought, to recover possession of certain lands purchased by plaintiff at an execution sale, no redemption having been made, and the time for redemption having expired. The action was commenced before a justice of the peace, by whom (a question of title having arisen) it was certified to the district court, under Gen. St. c. 65, § 35. A' trial in the district court resulted in a judgment for defendant. Before the expiration of six months, the plaintiff paid costs and damages, and demanded another trial, under Gen. St. c. 75, § 5, as…
2Cases cited2 opinions
- Griswold v. TaylorSupreme Court of Minnesota · 1863
- Russell v. SchurmierSupreme Court of Minnesota · 1864
3Cited by21 opinions
- Ferguson v. KumlerSupreme Court of Minnesota · 1880
- O'Brien v. HeggenCourt of Appeals for the Eighth Circuit · 1983
- Wilson v. ProctorSupreme Court of Minnesota · 1881
- Beigler v. ChamberlinSupreme Court of Minnesota · 1920
- Petsch v. BiggsSupreme Court of Minnesota · 1884
16 more not listed; retrieve them via the Exa API.