Barber v. Robinson
Supreme Court of Minnesota
Action of ejectment in the district court for Winona county. From a judgment in favor of defendant, entered pursuant to the findings of Snow, J., plaintiff appealed. Plaintiff had a right to rely on the first recorded deed, and was not required to examine the record further for another deed from the same grantor.
Read the full summary
Action of ejectment in the district court for Winona county. From a judgment in favor of defendant, entered pursuant to the findings of Snow, J., plaintiff appealed. Plaintiff had a right to rely on the first recorded deed, and was not required to examine the record further for another deed from the same grantor. Babcock v. Collins, 60 Minn. 73, 81; Shotwell v. Harrison, 22 Mich. 409, 420; O’Neal v. Boone, 82 111. 589, 604; Morse v. Curtis, 140 Mass. 112, 114. In a collateral proceeding the recital in the deed of consideration was prima facie evidence of its payment. Jackson v. M’Chesney, 7…
1Opinion of the CourtCollins, J.
Action of ejectment. Plaintiff asserted title in fee in his complaint, and relied upon the patent title at the trial. Defendant by his answer put plaintiff upon his proof of title, and also alleged actual, visible, notorious, and uninterrupted possession of the premises in himself and his predecessors under claim of title for more than 15 years prior to the commencement of the action. The case was tried by the court without a jury, and upon the facts as found judgment was ordered for defendant.
The land in dispute comprises outlot 24, in the town site of Richmond, Winona county, and a…
2Cases cited4 opinions
- Henderson v. WanamakerCourt of Appeals for the Eighth Circuit · 1897
- Lampe v. KennedyWisconsin Supreme Court · 1882
- Mead v. RandallSupreme Court of Minnesota · 1897
- Duke v. BaughSupreme Court of Iowa · 1883
3Cited by6 opinions
- Skala v. LindbeckSupreme Court of Minnesota · 1927
- McBurney v. KnoxTexas Supreme Court · 1922
- Hornblower v. BantonSupreme Judicial Court of Maine · 1907
- State v. ElofsonSupreme Court of Minnesota · 1902
- Barber v. RobinsonSupreme Court of Minnesota · 1901
1 more not listed; retrieve them via the Exa API.