Legal Opinion

Gilbert v. How

Supreme Court of Minnesota

Decided December 22, 1890PublishedCited by 13 opinions

Ejectment for land in Scott county, brought in the district court for that county, and tried before Francis Cadwell, Esq., as referee, who ordered judgment for defendant, which was entered and from which the plaintiff appeals. The facts found were as follows: In 1856, Franklin Chase, being owner in fee, conveyed to Mary A. Clarke. On January 22, 1857, the latter mortgaged to Edward A. Judson. On February 28, 1857, Mary A. Clarke and Benj.

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Ejectment for land in Scott county, brought in the district court for that county, and tried before Francis Cadwell, Esq., as referee, who ordered judgment for defendant, which was entered and from which the plaintiff appeals. The facts found were as follows: In 1856, Franklin Chase, being owner in fee, conveyed to Mary A. Clarke. On January 22, 1857, the latter mortgaged to Edward A. Judson. On February 28, 1857, Mary A. Clarke and Benj. F. Bucklin made to Franklin Chase the power of attorney considered in the opinion, Bucklin having no interest in the land. On July 14, 1858, Chase, assuming…

1Opinion of the CourtCollins, J.

The deed in which Mary A. Clarke and B. F. Bucklin were named as grantors, and George A. Bucklin as grantee, was executed by Bucklin in person, and by Franklin Chase in behalf, and as the attorney in fact, of Mary A. Clarke. The land described therein was then the sole property of the grantor last mentioned, so far as was shown by the record, Bucklin having no interest in it. The power of attorney, by virtue of which Chase assumed to act, was a joint power, executed and delivered to him by Mary A. Clarke and B. F. Bucklin. By its terms, the latter constituted and appointed Chase “our true and…

2Cases cited10 opinions

  1. Sandford v. HandyNew York Supreme Court · 1840
  2. Rossiter v. RossiterNew York Supreme Court · 1832
  3. Berkey v. JuddSupreme Court of Minnesota · 1875
  4. Dodge v. HopkinsWisconsin Supreme Court · 1861
  5. Holladay v. DailySupreme Court of the United States · 1874

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Huling v. MooreCourt of Appeals of Texas · 1917
  2. Lightning Delivery Co. v. MattesonArizona Supreme Court · 1935
  3. Hersey v. LambertSupreme Court of Minnesota · 1892
  4. Cousino v. Western Shore Lumber Co.California Supreme Court · 1918
  5. Tuman v. PillsburySupreme Court of Minnesota · 1895

8 more not listed; retrieve them via the Exa API.

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