Kennedy v. McQuaid
Supreme Court of Minnesota
Appeal by defendant, James McQuaid, from an order of the District Court of Swift County, Gorham Powers, J., made September 7, 1893, denying his motion for a new trial. On June 7, 1884, John Tracy purchased of the State the southwest quarter of the northeast quarter of section sixteen (16) T. 121, R. 88, and took a certificate of purchase. On September 29, 1884, he assigned this certificate to the plaintiff, Dennis Kennedy.
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Appeal by defendant, James McQuaid, from an order of the District Court of Swift County, Gorham Powers, J., made September 7, 1893, denying his motion for a new trial. On June 7, 1884, John Tracy purchased of the State the southwest quarter of the northeast quarter of section sixteen (16) T. 121, R. 88, and took a certificate of purchase. On September 29, 1884, he assigned this certificate to the plaintiff, Dennis Kennedy. On June 26, 1885, plaintiff purchased of the State the northeast quarter of the northeast quarter of the same section and took a certificate of purchase. Both pieces were…
1Opinion of the CourtCanty, J.
The complaint alleged that in 1884, the Commissioner of the state land office made a certificate of sale of a 40-acre tract of school land to one Tracy, who thereafter, in the same year, transferred the same to plaintiff; that in 1885 said Commissioner made another certificate of sale to plaintiff, of another 40-acre tract of land in the same section; that thereafter, on June 24, 1887, some person to plaintiff unknown indorsed on each certificate a forged assignment from plaintiff to one John Barry; and that under the same the defendant wrongfully went into possession of the land, occupied…
2Cited by4 opinions
- Russell v. O'ConnorSupreme Court of Minnesota · 1912
- Christianson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1895
- Farmers' Warehouse Ass'n v. MontgomerySupreme Court of Minnesota · 1904
- Reynolds v. McNamaraSupreme Court of Minnesota · 1911