Babbitt v. Bennett
Supreme Court of Minnesota
Appeal by defendants from a judgment of the district court for Douglas county, entered pursuant to the findings and order of Baxter, J. The voluntary recording of a deed by the grantor with the intention to pass title to the grantee is a valid delivery.
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Appeal by defendants from a judgment of the district court for Douglas county, entered pursuant to the findings and order of Baxter, J. The voluntary recording of a deed by the grantor with the intention to pass title to the grantee is a valid delivery. Issitt v. Dewey, 17 Neb. 196; Cecil v. Beaver, 28 Iowa, 241; Palmer v. Palmer, 62 Iowa, 204; Glaze v. Three Rivers, 87 Mich. 349; Compton v. White, 86 Mich. 33; Conlan v. Grace, 36 Minn. 276. No trust resulted in favor of the plaintiff. Mr. Perry, after citing the rule applied to voluntary conveyances under the common law, uses the following…
1Opinion of the CourtMitchell, J.
The evidence tended to prove the following state of facts: The plaintiff was the owner, and occupied as his home, the premises in controversy. He and his wife had separated, and were apparently expecting to secure a divorce, which they in fact did shortly afterwards. They entered into an agreement by which plaintiff was to pay her a certain sum of money, in consideration of which she was to release all claims for alimony and all claims to his real estate. Desiring to carry out this arrangement, but understanding that a wife could not convey an interest in real estate directly to her husband,…
2Cited by17 opinions
- Bush v. CrowtherSupreme Court of Minnesota · 1957
- In Re Declaration of Trust by BushSupreme Court of Minnesota · 1957
- Creveling v. BantaSupreme Court of Iowa · 1908
- Emmons v. HardingIndiana Supreme Court · 1904
- Ingersoll v. OdendahlSupreme Court of Minnesota · 1917
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