Wagner v. Finnegan
Supreme Court of Minnesota
Action in the district court for Hennepin county for breach of covenant. The case was tried before Elliott, J., who found as facts substantially as follows: That October i, 1881, defendant, in consideration of $750, conveyed, with covenants of seisin and warranty, the undivided half of a certain forty acre tract to one Schuppel; that March 20, 1885, Schuppel, in consideration of $1,500, conveyed part of the land to plaintiff; that May 16, 1887, one Windom brought an action…
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Action in the district court for Hennepin county for breach of covenant. The case was tried before Elliott, J., who found as facts substantially as follows: That October i, 1881, defendant, in consideration of $750, conveyed, with covenants of seisin and warranty, the undivided half of a certain forty acre tract to one Schuppel; that March 20, 1885, Schuppel, in consideration of $1,500, conveyed part of the land to plaintiff; that May 16, 1887, one Windom brought an action against Schuppel, and another action against plaintiff, in which actions judgment was entered July 21, 1888, in favor of…
1Opinion of the CourtCollins, J.
After an order overruling a general demurrer to tbe complaint in this action was reversed on appeal (54 Minn. 251, 55 N. W. 1129), tbe complaint was amended, and an answer interposed in "which tbe execution and delivery of tbe deed to 'Scbuppel was admitted, and also that defendant bad no title to tbe land conveyed. Defendant also set up tbe statute of limitations in bar of recovery. A trial was bad, and upon its findings of fact tbe court ordered judgment in defendant’s favor. Tbe plaintiff’s counsel then moved for two additional findings of fact, and tbe motion was denied. Subsequently tbe…
2Cases cited2 opinions
- Ogden v. BallSupreme Court of Minnesota · 1889
- Wagner v. FinneganSupreme Court of Minnesota · 1893
3Cited by3 opinions
- Wesco v. KernOregon Supreme Court · 1900
- Brooks v. MohlSupreme Court of Minnesota · 1908
- Larson v. GoettlSupreme Court of Minnesota · 1908