Owings v. Freeman
Supreme Court of Minnesota
Appeal by plaintiffs, Edward H. Owings and Thomas T. Owings, from an order of the district court of Ramsey county, Egan, J., made June 27, 1891, refusing a new trial. In 1851 one Vital Guerin owned a large tract of land lying west of and adjacent to what was known as the “Bazille & Guerin Line,” running north, 41° 35' west, in Section 31, T. 29, R. 22, in St. Paul, Minn.
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Appeal by plaintiffs, Edward H. Owings and Thomas T. Owings, from an order of the district court of Ramsey county, Egan, J., made June 27, 1891, refusing a new trial. In 1851 one Vital Guerin owned a large tract of land lying west of and adjacent to what was known as the “Bazille & Guerin Line,” running north, 41° 35' west, in Section 31, T. 29, R. 22, in St. Paul, Minn. He and wife conveyed a portion of this land to Joel E. Whitney by warranty deed, the easterly line of the tract so conveyed being the said Bazille & Guerin line. The description in the deed was as follows, viz.: “Commencing…
1Opinion of the CourtDickinson, J.
This is an action of ejectment.' Both parties claim title by conveyances from the original owner of the land, one Vital Guerin. The defendants’ asserted title-rests upon a deed of conveyance from Guerin to one Whitney executed and recorded in the year 1851. The plaintiffs claim under a deed executed by the same grantor to one Owings in 1856. The controversy is as to the construction and effect of the former and earlier deed, in which the description of the land which it in terms conveyed was obviously erroneous in part. The place of beginning in the description is a certain designated point…
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