Mercer v. McHie
Supreme Court of Minnesota
Action in the district court for Hennepin county for an order restraining defendants from slandering the title to certain real property, either to the tenants or other persons, praying that the court would ascertain that there was a contract which placed the ownership and right of possession thereof in plaintiff, and gave an option to defendant Herminia McHie to repurchase the same, and for a decree that the property was free from the proposed option and that the premises be…
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Action in the district court for Hennepin county for an order restraining defendants from slandering the title to certain real property, either to the tenants or other persons, praying that the court would ascertain that there was a contract which placed the ownership and right of possession thereof in plaintiff, and gave an option to defendant Herminia McHie to repurchase the same, and for a decree that the property was free from the proposed option and that the premises be sold at public sale, subject to mortgage, plaintiff or defendants to have the right to bid upon the sale, the proceeds…
1Opinion of the CourtDibell, J.
The plaintiff claims that a certain transaction between him and the defendants constituted the acquisition by him of the title to real property in which the defendants had an equitable interest with an option given them to purchase within five years. The defendants claim that it constituted a mortgage. The defendants further claim that the relation of attorney and client existed between them and the plaintiff and that the contract between them was not fair and in good faith and upon an adequate consideration. If so it was subject to rescission. The action in effect was to have the rights of…
2Cases cited2 opinions
- Tancre v. ReynoldsSupreme Court of Minnesota · 1886
- Klein v. BorchertSupreme Court of Minnesota · 1903
3Cited by2 opinions
- Transport Indemnity Co. v. Dahlen Transport, Inc.Supreme Court of Minnesota · 1968
- Tudor Oaks Ltd. Partnership v. Cochrane (In Re Cochrane)United States Bankruptcy Court, D. Minnesota · 1995