Legal Opinion

Brasie v. Minneapolis Brewing Co.

Supreme Court of Minnesota

Decided November 21, 1902No. Nos. 13,219-(107)PublishedCited by 30 opinions

Appeal by plaintiff from an order of the district court for "Wright county, Giddings, J., denying a motion for a new trial. This is an action in ejectment, not an action for relief on the ground of fraud, and it does not come within the provisions of the six years’ statute of limitations. Any deed produced as a link in defendant’s chain of title may be defeated on proof of its fraudulent character.

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Appeal by plaintiff from an order of the district court for "Wright county, Giddings, J., denying a motion for a new trial. This is an action in ejectment, not an action for relief on the ground of fraud, and it does not come within the provisions of the six years’ statute of limitations. Any deed produced as a link in defendant’s chain of title may be defeated on proof of its fraudulent character. Jones v. Cohen, 82 N. C. 75, 80; Helms v. Green, 105 N. C. 251, 259; Potter v. Adams, 125 Mo. 118; Rogers v. Brown, 61 Mo. 187; Hunter v. Hunter, 50 Mo. 445; Jackson v. Holbrook, 36 Minn. 494;…

1Opinion of the Court

BROWN,' J.

Action to recover the possession of real estate, which was dismissed on the trial in the court below, and plaintiff appealed from an order denying a new trial.

The complaint alleges substantially the following facts: On December 3, 1888, one Austin Knights was the owner of the real' estate in question, and was then indebted to plaintiff in the sum of $160. That on or about January 1, 1889, he executed and caused to be recorded a deed of the property to Michael Knights, his brother. That the deed was without consideration, and was executed and recorded for the sole purpose of placing…

2Cases cited16 opinions

  1. Osborne v. . WilkesSupreme Court of North Carolina · 1891
  2. Emory v. KeighanIllinois Supreme Court · 1878
  3. Duxbury v. BoiceSupreme Court of Minnesota · 1897
  4. Musselman v. KentIndiana Supreme Court · 1870
  5. Fairbanks v. LongSupreme Court of Missouri · 1887

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3Cited by30 opinions

  1. Eckert v. WendelTexas Supreme Court · 1931
  2. Finn v. Alliance BankSupreme Court of Minnesota · 2015
  3. Kittson County v. Wells, Denbrook & Associates, Inc.Supreme Court of Minnesota · 1976
  4. Young v. WilsonSupreme Court of Georgia · 1936
  5. Johnson v. RutherfordNorth Dakota Supreme Court · 1914

25 more not listed; retrieve them via the Exa API.

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