Kosmerl v. Mueller
Supreme Court of Minnesota
Action in the district court for St. Louis county to determine the adverse claims of defendants to vacant and unoccupied land. The case was tried before Cant, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, and from a judgment entered pursuant to the findings, Katharina Mueller and certain other defendants appealed.
1Opinion of the CourtLewis, J.
This action was commenced by respondents to quiet title to certain land in St. Louis county, which, in his lifetime, was owned by one Johann Mueller, patent having been issued to him -on May 11, 1893. Mueller executed two mortgages upon the land — one to Marshek, of date December 31, 1895; and one to Kosmerl, of date November 3, 1897. These mortgages were both foreclosed, and respondents claim title under such foreclosure sales, and also under a quitclaim deed executed by Mueller to one Peter Schweitzer, of date December 7, 1898. On December 28, 1898, Johann Mueller died, and on or aboitt…
2Cited by1 opinion
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