Smith v. Dennett
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county, and judgment entered by default against defendant. The defendant appeals from such judgment to this court, where the point is raised for the first time that the complaint does not state facts sufficient to constitute a cause of action. A sufficient statement of the nature of the action, and of the complaint, appear in the opinion of the court.
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This action was brought in the district court for Hennepin county, and judgment entered by default against defendant. The defendant appeals from such judgment to this court, where the point is raised for the first time that the complaint does not state facts sufficient to constitute a cause of action. A sufficient statement of the nature of the action, and of the complaint, appear in the opinion of the court. The complaint does not state facts sufficient to constitute a cause of action. On Dec. 22, ’51, Wm. D. Russell was owner of the land, and of course had the right to convey either upon a…
1Opinion of the CourtBerry, J.
By the Gourt The complaint alleges that on the 4th day of June, 1858, Bussell became owner in fee simple and seized of two certain town lots in Minneapolis; that on or about the 1st day of October, 1859, he for a valuable consideration duly made, executed and delivered a deed with full covenants of warranty, whereby he sold and conveyed all his right, title and interest in said lots to Baker, the deed being duly recorded October 8d, 1859. Through sundry subsequent conveyances Baker’s right, title and interest in the lots were transferred to the plaintiff. The complaint further alleges that on…
2Cases cited3 opinions
- Holmes v. CampbellSupreme Court of Minnesota · 1867
- McArdle v. McArdleSupreme Court of Minnesota · 1866
- Karns v. KunkleSupreme Court of Minnesota · 1858
3Cited by14 opinions
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Tindall v. PetersonNebraska Supreme Court · 1904
- Brixius v. ReimringerSupreme Court of Minnesota · 1907
- Drake v. BartonSupreme Court of Minnesota · 1872
- Quehl v. PetersonSupreme Court of Minnesota · 1891
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