Legal Opinion

Roussain v. Patten

Supreme Court of Minnesota

Decided June 8, 1891PublishedCited by 16 opinions

Action brought in the district court for St. Louis county, to determine the adverse claims of the defendants to lands in that county. Plaintiff Zoe is the widow and the other plaintiffs are the children of one Francois Eoussain, the original patentee, whose patents were duly recorded in the registry of deeds on July 19, 1863. On January 10, 1867, Eoussain and wife executed to one Morrison a warranty deed, absolute in form, but really as security for a loan of money.

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Action brought in the district court for St. Louis county, to determine the adverse claims of the defendants to lands in that county. Plaintiff Zoe is the widow and the other plaintiffs are the children of one Francois Eoussain, the original patentee, whose patents were duly recorded in the registry of deeds on July 19, 1863. On January 10, 1867, Eoussain and wife executed to one Morrison a warranty deed, absolute in form, but really as security for a loan of money. This deed was recorded January 15, 1867. On April 15, 1872, the loan having been repaid, Morrison executed and delivered to…

1Opinion of the CourtCollins, J.

This was an appeal from an order denying plaintiffs’ motion to set aside the findings made by the court, and for a new trial. As the order must be reversed for reasons hereinafter stated, it is proper, in view of another trial, to discuss very briefly appellants’ first and second assignments of error.

1. The plaintiffs were not entitled, as a matter of strict right, to the verdict of a jury upon specific questions of fact. Waiving all in*310quiry as to the pertinency or materiality of the questions proposed by plaintiffs, it was within the sound discretion of the trial court to determine whether…

2Cited by16 opinions

  1. Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
  2. Thomson v. ThomsonCalifornia Supreme Court · 1936
  3. Henderson v. MurraySupreme Court of Minnesota · 1909
  4. McNeil v. MorganCalifornia Supreme Court · 1910
  5. Shraiberg v. HansonSupreme Court of Minnesota · 1917

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