Legal Opinion

Towle v. Sherer

Supreme Court of Minnesota

Decided December 3, 1897No. Nos. 10,779-(165)PublishedCited by 10 opinions

Action in the district court for Wright county by the special administrator of James Tracy, deceased, and by Minerva Tracy to establish a lost deed. The facts are stated in the opinion. The case was tried before Russell, J., without a jury, and the court or•dered judgment for plaintiffs. From an order denying a motion for a new trial defendants appealed.

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Action in the district court for Wright county by the special administrator of James Tracy, deceased, and by Minerva Tracy to establish a lost deed. The facts are stated in the opinion. The case was tried before Russell, J., without a jury, and the court or•dered judgment for plaintiffs. From an order denying a motion for a new trial defendants appealed. Plaintiffs come into a court of equity with a void trust created for the purpose of defrauding creditors, setting up two pretended lost deeds, and ask the court to compel the execution of a third. See Sumner v. Sawtelle, 8 Minn. 272 (309), a…

1Opinion of the CourtCanty, J.

This is an action to establish a lost deed. On the trial the court found for plaintiffs, and from an order denying a new trial defendants appeal.

1. In and prior to 1891, James Tracy was in possession of the quarter section of land in question under what would seem to be a defective title, and on March 24 of that year made a deed of the land to the defendant George J. Sherer. On April 3 of that year one Barnett, who held the outstanding title, if any existed, made a deed conveying his interest in the land to Sherer. Notwithstanding these conveyances Sherer never took possession of the land,…

2Cases cited2 opinions

  1. Perine v. Grand Lodge of Ancient Order United WorkmenSupreme Court of Minnesota · 1892
  2. Madson v. MadsonSupreme Court of Minnesota · 1897

3Cited by10 opinions

  1. Exsted v. ExstedSupreme Court of Minnesota · 1938
  2. Ehmke v. HillSupreme Court of Minnesota · 1952
  3. Keough v. St. Paul Milk Co.Supreme Court of Minnesota · 1939
  4. Cocker v. CockerSupreme Court of Minnesota · 1943
  5. Lowe v. LoweSupreme Court of Minnesota · 1901

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