Legal Opinion

Burke v. Backus

Supreme Court of Minnesota

Decided October 29, 1892PublishedCited by 16 opinions

Appeal by defendants, Henry M. Backus, Edward L. Bradley, Alva W. Bradley and the American Loan and Trust Company, from a judgment of the District Court of St. Louis County, Stearns, J., entered May 13, 1892, adjudging that the plaintiffs, Frank Burke, Jr., Bufus P. Edson, and Wallace Warner, are the owners of the land in dispute.

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Appeal by defendants, Henry M. Backus, Edward L. Bradley, Alva W. Bradley and the American Loan and Trust Company, from a judgment of the District Court of St. Louis County, Stearns, J., entered May 13, 1892, adjudging that the plaintiffs, Frank Burke, Jr., Bufus P. Edson, and Wallace Warner, are the owners of the land in dispute. The facts in this case are the same as those in Backus v. Burke, 48 Minn. 260. The defendants in that case, before it was decided, brought this action to remove the cloud of the Tischer foreclosure, and to have the title to the property in dispute adjudged in them.…

1Opinion of the CourtMitchell, J.

The facts in this case are the same as in Backus v. Burke, 48 Minn. 260, (51 N. W. Rep. 284,) the only difference being that the position of the parties as plaintiff and defendant is reversed.

The briefs of counsel consist mainly of a reargument of the question decided in that case, defendants’ counsel urging that that decision was erroneous, and ought, to be overruled. In view of the ability of counsel, and his evident conviction that the decision was wrong, we have re-examined the question with special care, but see *177no reason to change our views, or to doubt the correctness of our former…

2Cases cited6 opinions

  1. Morrison v. MendenhallSupreme Court of Minnesota · 1872
  2. Bottineau v. Ætna Life InsuranceSupreme Court of Minnesota · 1883
  3. Backus v. BurkeSupreme Court of Minnesota · 1892
  4. Baldwin v. AllisonSupreme Court of Minnesota · 1860
  5. Solberg v. WrightSupreme Court of Minnesota · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009
  2. Walker v. SchultzMichigan Supreme Court · 1913
  3. Welk v. GMAC Mortgage, LLCDistrict Court, D. Minnesota · 2012
  4. Hebden v. BinaNorth Dakota Supreme Court · 1908
  5. Brown v. ComonowNorth Dakota Supreme Court · 1908

11 more not listed; retrieve them via the Exa API.

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