Legal Opinion

Donnelly v. Cunningham

Supreme Court of Minnesota

Decided July 23, 1894No. 8898PublishedCited by 7 opinions

Appeal by defendants, William Cunningham and George W. Went-worth, from a judgment of the District Court of Ramsey County, John W. Willis, J., entered March 7, 1894, rescinding their sale of a lot to plaintiff, John J. Donnelly, and adjudging repayment to him of $3,257.84 the purchase price. cited Massey v. Davies, 2 Vesey 317. ' cited Bentley v. Graven, 18 Beav. 75; Tyrrell v. Bank of London, 10 H. L. Cas. 26; Davoue v. Fanning, 2 John.

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Appeal by defendants, William Cunningham and George W. Went-worth, from a judgment of the District Court of Ramsey County, John W. Willis, J., entered March 7, 1894, rescinding their sale of a lot to plaintiff, John J. Donnelly, and adjudging repayment to him of $3,257.84 the purchase price. cited Massey v. Davies, 2 Vesey 317. ' cited Bentley v. Graven, 18 Beav. 75; Tyrrell v. Bank of London, 10 H. L. Cas. 26; Davoue v. Fanning, 2 John. Ch. 252; Cumberland Coal á 1. Co. v. Sherman, 30 Barb. 553; Friesenhahn v. Bushnell, 47 Minn. 443; Williams v. Journal Print. Go., 43 Minn. 537; Gillette v.…

1Opinion of the CourtMitchell', J.

This was an action to rescind and set aside a conveyance of real estate to plaintiff from defendant Wentworth, and recover back the purchase money from both defendants. The case comes up on the pleadings and findings of fact, without any “case” or bill of exceptions. The facts found are as follows:

The two defendants were, equitably, tenants in common of a lot in St. Paul; but the legal title to one part of it was wholly in Went-worth, and of the remainder wholly in Ounnirigham, but both of them supposed that the title to the entire lot was in Wentworth. Plaintiff, a resident of Montana,…

2Cited by7 opinions

  1. Merriam v. JohnsonSupreme Court of Minnesota · 1902
  2. James E. Carlson, Inc. v. BablerSupreme Court of Minnesota · 1919
  3. Kingsley v. WheelerSupreme Court of Minnesota · 1905
  4. Louisville Point Lumber Co. v. ThompsonCourt of Appeals of Kentucky · 1924
  5. Slusher v. MooreCourt of Appeals of Kentucky · 1924

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