Towle v. Sherer
Supreme Court of Minnesota
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
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- Madson v. MadsonSupreme Court of Minnesota · 1897
3Cited by10 opinions
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- Cocker v. CockerSupreme Court of Minnesota · 1943
- Lowe v. LoweSupreme Court of Minnesota · 1901
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