Legal Opinion

Kumler v. Ferguson

Supreme Court of Minnesota

Decided August 11, 1875PublishedCited by 3 opinions

Appeal by plaintiff from a judgment of tbe district court for McLeod county, entered on the report of Hon. Isaac Atwater, referee.

1Opinion of the CourtGtlfillan, C. J.

This action is under the statute to •determine adverse claims to real estate, the defendant claiming title to the real estate throug'h a sale upon judgment and execution in his favor against a grantor of plaintiff.

There are only two points raised here. The cause was tried before a referee, and after defendant had given proof •of the judgment and docketing, the execution and sale, the plaintiff offered to prove that the judgment was not entered at the date at which it purported to be entered. This was objected to, but the evidence was taken, the referee reserving his decision as to the…

2Cases cited2 opinions

  1. St. Martin v. DesnoyerSupreme Court of Minnesota · 1854
  2. Roehl v. BaasenSupreme Court of Minnesota · 1862

3Cited by3 opinions

  1. Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
  2. Lancashire Insurance v. CallahanSupreme Court of Minnesota · 1897
  3. Jackson v. HolbrookSupreme Court of Minnesota · 1887

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