Kingsley v. Gilman
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county, to compel the specific performance of an executory contract for the conveyance of land ; the contract being a bond for a deed executed by Remembrance R. Gilman and her husband, to the plaintiff, for certain lands owned by Mrs.. Gilman as her separate property.
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This action was brought in the district court for Hennepin county, to compel the specific performance of an executory contract for the conveyance of land ; the contract being a bond for a deed executed by Remembrance R. Gilman and her husband, to the plaintiff, for certain lands owned by Mrs.. Gilman as her separate property. The action was tried by the court, without a jury, and judgment was rendered in favor of defendants, and from which the plaintiff appeals to this court. One question only is passed upon by the court, which is sufficiently presented in the opinion.
1Opinion of the CourtBebry, J.
By the Court On the 12th day of September, 1865, Remembrance R. Gilman, being the owner of two acres of land which she had acquired by grant after her marriage, executed together with her husband, Francis Gilman, a certain bond conditioned for the conveyance of the same to the plaintiff. This action is brought to enforce specific performance of the condition. The court below find that the bond was insufficiently acknowledged by the said Remembrance, and that it is therefore void. All the other facts material to the plaintiff’s recovery are found in his favor. We are of opinion that the bond…
2Cases cited5 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Carpenter v. LeonardSupreme Court of Minnesota · 1861
- Pond v. CarpenterSupreme Court of Minnesota · 1867
3Cited by18 opinions
- McElrath v. McElrathSupreme Court of Minnesota · 1913
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- Halvorsen v. Orinoco Mining Co.Supreme Court of Minnesota · 1903
- Trebby v. SimmonsSupreme Court of Minnesota · 1888
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