Legal Opinion

Jones v. Tainter

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 12 opinions

This action was commenced in the district court for Meeker county, and was tried- before the court without a jury. The facts were substantially. as follows: The defendant Tainter furnished one Robinson Jones with a land warrant, which he used in paying the United States for certain land applied for and purchased by him under the preemption act of September 4,1841. To secure the payment of one hundred and seventy dollars, a part of the price of the warrant, said Jones on the…

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This action was commenced in the district court for Meeker county, and was tried- before the court without a jury. The facts were substantially. as follows: The defendant Tainter furnished one Robinson Jones with a land warrant, which he used in paying the United States for certain land applied for and purchased by him under the preemption act of September 4,1841. To secure the payment of one hundred and seventy dollars, a part of the price of the warrant, said Jones on the same day he entered the land, after entering it, executed a mortgage upon the preempted premises, to Tainter, it being…

1Opinion of the CourtBerry, J.

By the Court Tainter furnished Jones a land warrant, which was used by the latter in paying the United States for certain land applied for and purchased by him under the pre-emption act of September 4, 1841. To secure the payment of one hundred and seventy dollars, being part of the price of the warrant, Jones, on the same day he entered the land, and after entering it, executed a mortgage upon the pre-empted premises in Tainter’s favor, it being expressed in the mortgage that it was given to secure the purchase money of the land. The mortgage was executed in pursuance of an agreement to…

2Cases cited3 opinions

  1. Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
  2. McCue v. SmithSupreme Court of Minnesota · 1864
  3. Jackson ex dem. Beebe v. AustinNew York Supreme Court · 1818

3Cited by12 opinions

  1. Stark v. MorganSupreme Court of Kansas · 1906
  2. Sels v. BunnellCalifornia Supreme Court · 1898
  3. Nash v. TousleySupreme Court of Minnesota · 1881
  4. Stewart v. PowersCalifornia Supreme Court · 1893
  5. Moore v. TillmanSupreme Court of Arkansas · 1926

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