Benton v. Nicoll
Supreme Court of Minnesota
This was an action of ejectment, to recover five acres of land situated in Hennepin county, brought in the district court for said county, and tried by Vanderburgh, J., without a jury.
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This was an action of ejectment, to recover five acres of land situated in Hennepin county, brought in the district court for said county, and tried by Vanderburgh, J., without a jury. For a second cause of defence the defendant set out in his answer, that before and on October 10, 1855, one Gordon Jackins was the owner in fee simple and in possession of the real estate described in plaintiff’s complaint; that on said date, for a valuable consideration, Jackins conveyed, by warranty deed, the said real estate, with other land, to one Addison Ely, and that the said deed was recorded, the same…
1Opinion of the CourtCornell, J.
It is distinctly averred in the answer that Gordon Jackins, under whom both parties claim title, was, “before and on the tenth day of October, 1855, the owner in fee simple and in possession of the real estate mentioned and described in plaintiff’s complaint. ” This fully answers the first and second points made .by appellant. The reception of the exemplified copy of the duplicate receipt worked no prejudice, even if erroneous, as the fact sought to be proved thereby stood admitted upon the pleadings. It also follows, from this admitted fact of title, that Clendennin became seized of an…
2Cases cited6 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Dunham v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1818
- Everest v. FerrisSupreme Court of Minnesota · 1870
- Archambau v. GreenSupreme Court of Minnesota · 1875
- Daniels v. SmithSupreme Court of Minnesota · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kelley v. LeachmanIdaho Supreme Court · 1892
- Banning v. SabinSupreme Court of Minnesota · 1891
- Marston v. WilliamsSupreme Court of Minnesota · 1890
- Morford v. WellsSupreme Court of Kansas · 1903
- Bonebrake v. TauerSupreme Court of Kansas · 1903
2 more not listed; retrieve them via the Exa API.