Legal Opinion

Daughaday v. Paine

Supreme Court of Minnesota

Decided December 15, 1861PublishedCited by 6 opinions

ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. The facts found by the Court below are briefly as follows: The Plaintiff in Error being the owner of lots two and three in block one of Patterson’s Addition 'to Saint Paul, and being desirous of making an advancement to bis daughter, Mary E. Goodrich, of all the said lots were worth, over $1,000, conveyed the same to bis daughter, Sarah E. Daugbaday, then residing with him in the State of New'York, on tbe 30tb of December, 1854,…

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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. The facts found by the Court below are briefly as follows: The Plaintiff in Error being the owner of lots two and three in block one of Patterson’s Addition 'to Saint Paul, and being desirous of making an advancement to bis daughter, Mary E. Goodrich, of all the said lots were worth, over $1,000, conveyed the same to bis daughter, Sarah E. Daugbaday, then residing with him in the State of New'York, on tbe 30tb of December, 1854, and took back a mortgage from said Sarah E., on the same property, of the same date as tbe said first conveyance, to…

1Opinion of the Court

By the Court —

Atwater, J.

— In Selby vs. Stanley et als., 4 Minn., 65, this Court recognized the doctrine of the vendor’s lien for the purchase money under certain limitations, and laid down the following as the correct rule on this subject, viz., “that whenever the vendor shall take any security for the purchase money upon the land sold, or upon any other land, or by pledge of chattels, or by the absolute or conditional obligation of a third person, or any other security than the personal obligation or promise of the vendee, such fact shall be deemed conclusive ot his intention to abandon his…

2Cases cited8 opinions

  1. Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
  2. Jackson, ex dem. Humphrey v. GivenNew York Supreme Court · 1811
  3. Lessee of Burkart v. BucherSupreme Court of Pennsylvania · 1810
  4. Selby v. StanleySupreme Court of Minnesota · 1860
  5. Greenleaf v. EdesSupreme Court of Minnesota · 1858

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3Cited by6 opinions

  1. Orrick v. DurhamSupreme Court of Missouri · 1883
  2. Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
  3. Renick v. LudingtonWest Virginia Supreme Court · 1880
  4. Arnold v. GarthU.S. Circuit Court for the District of Western Missouri · 1901
  5. Poage v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1887

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