Orr v. Sutton
Supreme Court of Minnesota
Action in tbe district court for St. Louis county by Charles N. Orr, Herman F. Stark, Charles E. Collett, copartners as Orr, Stark & Collett, and Charles J. Spratt against William Sutton, Lyman Sutton, William Sauntry and his wife, Russell M. Bennett, Edmund J. Longyear, Louis E. Torinus and all other persons claiming any right, title, estate, interest or lien in the real estate described. The facts are set forth in the opinion.
Read the full summary
Action in tbe district court for St. Louis county by Charles N. Orr, Herman F. Stark, Charles E. Collett, copartners as Orr, Stark & Collett, and Charles J. Spratt against William Sutton, Lyman Sutton, William Sauntry and his wife, Russell M. Bennett, Edmund J. Longyear, Louis E. Torinus and all other persons claiming any right, title, estate, interest or lien in the real estate described. The facts are set forth in the opinion. The case was tried before Eesler, L, who made findings and ordered judgment in favor of plaintiffs, removing the cloud on their title and interest in the land by the…
1DissentHallam, J.
I dissent.
It is conceded that the redemption by plaintiffs was void; that when, after tender to them of the amount of their judgment, they persisted in using this judgment for the purpose of redeeming the land of their debtor from a sale on a prior lien, such use of the judgment was wholly in their own wrong, and that, upon demand of a party having a proper interest to conserve, the court would set aside the attempted redemption and compel the plaintiffs to accept the tender .and satisfy their judgment. Mitchell, J., in Rother v. Monahan, 60 Minn. 186, 62 N. W. 263.
The position of the…
2Cases cited7 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Pederson v. ChristoffersonSupreme Court of Minnesota · 1906
- Willard v. FinneganSupreme Court of Minnesota · 1890
- Black v. Dressell's HeirsSupreme Court of Kansas · 1878
2 more not listed; retrieve them via the Exa API.