Legal Opinion

Burnett v. Sulflow

Supreme Court of Minnesota

Decided November 17, 1916No. Nos. 19,891—(23)Published

Action in the district court for Hennepin county for a decree ordering defendant W. H. Sulflow to execute and deliver to plaintiff a conveyance of certain real estate; or if he should not then the decree to transfer title to plaintiff; that a certain contract be canceled and annulled and said Sulflow restrained from enforcing the same; for a temporary injunction during the pendency of the action restraining defendants from serving plaintiff any notice of cancelation or…

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Action in the district court for Hennepin county for a decree ordering defendant W. H. Sulflow to execute and deliver to plaintiff a conveyance of certain real estate; or if he should not then the decree to transfer title to plaintiff; that a certain contract be canceled and annulled and said Sulflow restrained from enforcing the same; for a temporary injunction during the pendency of the action restraining defendants from serving plaintiff any notice of cancelation or termination of the contract bearing date March 7, 1913, and for $6,500. The case was tried before Leary, J., who found as…

1Opinion of the Court

Dibell, C.

This is an action in equity-to compel the defendant to convey to the plaintiff a tract of land, upon the ground that it had been bought by the defendant for the plaintiff and paid for by him. Title was taken in the name of the defendant and a contract given by him to the plaintiff. If this relief was denied the plaintiff asked that the enforcement of the payments coming due on the contract be stayed until a mortgage upon the land, executed by the defendant to his vendor, was satisfied. There were findings and conclusions denying the relief asked by way of conveyance, but staying the…

2Cases cited6 opinions

  1. Mallard v. AllredSupreme Court of Georgia · 1899
  2. Yonge v. McCormickSupreme Court of Florida · 1855
  3. True v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1914
  4. Fehrle v. TurnerIndiana Supreme Court · 1881
  5. Bowen v. ThrallSupreme Court of Vermont · 1856

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