Coolbaugh v. Roemer
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Hen-n'epin county, where the action was tried before Young, J., without a jury. The case is stated in the opinion.
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Appeal by plaintiff from a judgment of the district court for Hen-n'epin county, where the action was tried before Young, J., without a jury. The case is stated in the opinion. The execution sale, upon the Hilliker judgment, was irregular, inequitable and voidable, and should be vacated and set aside, for the reason that two separate and distinct known tracts or parcels of land were sold en masse, when either of them was worth more than ten times the amount for which both were sold. Lambertonv. Merchants Nat. Bank, 24 Minn. 281, (288;) Woods v. Monell, 1 John. Ch. 502; Tiernan v. Wilson, 6…
1Opinion of the CourtDicKinson, J.
Action of ejectment. Both parties claimed title derived from one Matilda Smith, who in 1875 was the owner of the property. The facts are that in 1875 Smith executed to the respondent (defendant Boemer) a bond, which was then recorded, obligating herself to convey the property to the defendant, upon payment of the purchase price of $7,400, with interest, on or before five years thereafter. The defendant made payments from time to time on account of the purchase price, but the amount of such payments and when they were made does not appear. In 1878, one Hilliker recovered and docketed two…
2Cases cited6 opinions
- Miller v. . EarleNew York Court of Appeals · 1861
- Lee v. FiggCalifornia Supreme Court · 1869
- Minneapolis & St. Louis Railway Co. v. WilsonSupreme Court of Minnesota · 1879
- Welles v. BaldwinSupreme Court of Minnesota · 1881
- Wells v. GiesekeSupreme Court of Minnesota · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- Witham v. BloodSupreme Court of Iowa · 1904
- Reid v. GormanSouth Dakota Supreme Court · 1916
- M. L. Gordon Sash & Door Co. v. MormannSupreme Court of Minnesota · 1978
- Olson v. Minnesota & North Wisconsin RailroadSupreme Court of Minnesota · 1903
8 more not listed; retrieve them via the Exa API.