McNair v. Toler
Supreme Court of Minnesota
The plaintiff, in his amended complaint, filed December 28, 1871, alleges that in June, 1859, it was agreed between the plaintiff and the defendant W. H. Toler, that the former should purchase land in St. Paul, with money furnished by the latter, and should take the title in his own name, plaintiff to bear all expenses, and the difference between the original cost and the price realized upon a sale to be equally divided between the parties; and that plaintiff, under this…
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The plaintiff, in his amended complaint, filed December 28, 1871, alleges that in June, 1859, it was agreed between the plaintiff and the defendant W. H. Toler, that the former should purchase land in St. Paul, with money furnished by the latter, and should take the title in his own name, plaintiff to bear all expenses, and the difference between the original cost and the price realized upon a sale to be equally divided between the parties; and that plaintiff, under this agreement, purchased certain land particularly described in the complaint, receiving a conveyance thereof in his own name,…
1Opinion of the CourtYoung, J.
In his complaint, to which the defendants have jointly demurred, the plaintiff prays that the judgment rendered against him on November 14, 1862, and all other proceedings in the suit entitled S. H. Toler against Evander McNair, may be vacated ; that a sale and certificate of sale of certain real estate to the plaintiff in that action, under an execution issued on the judgment therein, may be declared void and cancelled; that the defendant, S. H. Toler, maybe decreed to have no interest in such real estate; that the ob*181ligation given by the plaintiff to the defendant, W. H. Toler, and upon…
2Cases cited5 opinions
- McVeigh v. United StatesSupreme Court of the United States · 1871
- Newman v. Home Insurance Co.Supreme Court of Minnesota · 1874
- State v. BachelderSupreme Court of Minnesota · 1861
- University v. FinchSupreme Court of the United States · 1874
- McNair v. TolerSupreme Court of Minnesota · 1861
3Cited by3 opinions
- Fidelity and Deposit Co. of Maryland v. RiopelleSupreme Court of Minnesota · 1974
- Van Every v. SandersNebraska Supreme Court · 1903
- Rau v. RoweCourt of Appeals of Kentucky · 1919