Stewart v. Smith
Supreme Court of Minnesota
■ Plaintiff brought this action in the district court for Hennepin county, to determine adverse claims to certain land in that county. The action was tried; without a jury, by Young, J., who found the facts recited in the opinion, and directed judgment for the plaintiff. The defendants appeal from an order refusing a new trial. !
1Opinion of the CourtMitchell, J.
Both parties claim title through Hiram Burlingham, — defendants under an execution sale on a judgment against Burlingham rendered and docketed in October, 1859 ; plaintiff under a foreclosure sale on a mortgage from Burlingham to one Sidle, executed and recorded September 16,1861. The facts regarding the execution of this mortgage, as found by the court upon undisputed evidence, are, in substance, that Burlingham, being desirous of entering this land by pre-emption, applied to Sidle for money with which to *83make the entry; that it was agreed between them that Sidle should lend Burlingham the…
2Cases cited3 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Lash v. LambertSupreme Court of Minnesota · 1870
- Wheatley's heirs v. CalhounSupreme Court of Virginia · 1841
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- Keefe v. CropperSupreme Court of Iowa · 1922
- Shooters Island Shipyard Co. v. Standard Shipbuilding Corp.Court of Appeals for the Third Circuit · 1923
- Powers v. PenseWyoming Supreme Court · 1912
- Wells Fargo Bank, Minnesota, N.A. v. CommonwealthKentucky Supreme Court · 2011
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