Legal Opinion

Curriden v. St. Paul & Northern Pacific Ry. Co.

Supreme Court of Minnesota

Decided July 13, 1892PublishedCited by 3 opinions

Appeal by defendant, the St. Paul and Northern Pacific Eailway Company, from a judgment of the District Court of Hennepin County, Smith, J., entered February 23, 1892. June 3, 1858, John L. Eogers, recovered a judgment in the District Court of Hennepin County against John Orth for $216.47, and it was docketed.

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Appeal by defendant, the St. Paul and Northern Pacific Eailway Company, from a judgment of the District Court of Hennepin County, Smith, J., entered February 23, 1892. June 3, 1858, John L. Eogers, recovered a judgment in the District Court of Hennepin County against John Orth for $216.47, and it was docketed. Afterwards a writ of execution was issued thereon, and the five town lots in East Minneapolis owned by Orth were sold under it by the sheriff November 1, 1861, and bid in by Eogers, who received from the sheriff a certificate of sale. Eogers died intestate in Erie county, Pennsylvania,…

1Opinion of the CourtVandeebu.rgh, J.

The plaintiffs claim title to the property in controversy under an execution sale thereof, made November 1, 1861. The judgment upon which it was issued was duly rendered and docketed in the proper county, and the sale thereon duly made. The execution, with the sheriff’s return, was duly filed, and a duplicate certificate of the sale thereon, issued to the purchaser, was also duly filed in the office of the register of deeds of the same county, as the statute then in force required. There was no redemption from the sale, but no sheriff’s deed was ever issued to the purchaser. The only question…

2Cases cited1 opinion

  1. Dickinson v. KinneySupreme Court of Minnesota · 1861

3Cited by3 opinions

  1. Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
  2. McLean v. Chicago, St. P., M. & O. Ry. Co.Supreme Court of Minnesota · 1892
  3. Morgan v. JoslynSupreme Court of Minnesota · 1903

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