Legal Opinion

Thompson v. Myrick

Supreme Court of Minnesota

Decided July 27, 1877PublishedCited by 46 opinions

In 1858, Nathan Myrick, one of the defendants in this action, entered into an agreement with Benjamin Thompson, the above plaintiff, whereby he undertook to vest in the said Thompson the title to such lands as should be obtained by the location of certain half-breed scrip. The scrip having been located, Thompson brought an action against Myrick and wife to compel the specific performance of the agreement.

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In 1858, Nathan Myrick, one of the defendants in this action, entered into an agreement with Benjamin Thompson, the above plaintiff, whereby he undertook to vest in the said Thompson the title to such lands as should be obtained by the location of certain half-breed scrip. The scrip having been located, Thompson brought an action against Myrick and wife to compel the specific performance of the agreement. The complainant in that action alleged that the defendants had conveyed to one William Branch, January 23, 1867, one equal undivided three-fourths part of all the said land. But it also…

1Opinion of the Court

Gthfillan, C. T.

This action is based on a contract between plaintiff and the defendant Nathan Myrick, by which the latter agreed to secure to be lawfully vested in the plaintiff the title to lands which should be obtained by the location of certain pieces of half-breed scrip. The complaint sets out the contract, alleges the location of the scrip upon certain lands described, and such other facts as entitled plaintiff to have the title to the lands vested in him by defendant Nathan, pursuant to the contract. It then shows that Nathan, after the location of the scrip, refused, upon demand by…

2Cases cited5 opinions

  1. Bendernagle v. CocksNew York Supreme Court · 1838
  2. Harris v. HarrisNew York Supreme Court · 1861
  3. Scofield v. . HernandezNew York Court of Appeals · 1872
  4. Dixon v. MerrittSupreme Court of Minnesota · 1875
  5. Thompson v. MyrickSupreme Court of Minnesota · 1873

3Cited by46 opinions

  1. King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
  2. Mattsen v. PackmanSupreme Court of Minnesota · 1984
  3. Porter v. MackWest Virginia Supreme Court · 1901
  4. Abbott v. the 76 Land and Water Co.California Supreme Court · 1911
  5. Adams v. AdamsSupreme Court of Minnesota · 1878

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