Montour v. Purdy
Supreme Court of Minnesota
This action was brought in the District Court for Groodhue county, to recover the possession of certain real estate in that county. The complaint alleges title in plaintiff; that the defendants are in possession, claiming title, and that they wrongfully withhold possession from the plaintiff. The answer denies “ each and every material allegation in the complaint.”
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This action was brought in the District Court for Groodhue county, to recover the possession of certain real estate in that county. The complaint alleges title in plaintiff; that the defendants are in possession, claiming title, and that they wrongfully withhold possession from the plaintiff. The answer denies “ each and every material allegation in the complaint.” It also alleges title in. the defendants, derived from the plaintiff while an infant, by virtue of a guardian’s sale, and claims in case the said sale should be held invalid, a lien for the purchase money and taxes paid. To this…
1Opinion of the Court
*401 By the Court
-Berry, J.
The denial of “ each and every material allegation of the complaint ” in this case, will not do. Whether a denial be general, or specific, there should be no room for mistake as to what is denied, and what is admitted. The advantage of a verification of pleadings will be, in a great degree, lost by any other construction. Nor must parties be permitted to escape the consequences of perjury, by claiming that such and such allegations, (which were material and denied,) were regarded by them as immaterial, and so there was no corrupt intent. The principal question in this…
2Cases cited1 opinion
- Howard v. MooreMichigan Supreme Court · 1851
3Cited by14 opinions
- Appeal of O'RourkeSupreme Court of Minnesota · 1974
- Seal v. BanesSupreme Court of Oklahoma · 1934
- State v. Louisville & Nashville RailroadIndiana Supreme Court · 1911
- Kabat v. MooreOregon Supreme Court · 1906
- Spencer v. SheehanSupreme Court of Minnesota · 1872
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