Dodge v. Hollinshead
Supreme Court of Minnesota
This is an action of ejectment brought in the District Court of the Second District. Judgment was rendered therein in favor of the above-named Defendant in Error, who was Defendant in said action, and against the Plaintiff in Erroi’, who Was Plaintiff therein, and the case is now brought to this Court by Writ of Error.
Read the full summary
This is an action of ejectment brought in the District Court of the Second District. Judgment was rendered therein in favor of the above-named Defendant in Error, who was Defendant in said action, and against the Plaintiff in Erroi’, who Was Plaintiff therein, and the case is now brought to this Court by Writ of Error. The following is an abstract of the pleadings in said action : The complaint alleges that on the 26th day of January, A. D. 1860, the Plaintiff became lawfully seized in fee simple of, and ever since has been, and now is, the owner in fee simple, and entitled to the immediate…
1Opinion of the Court
By the Court. —
Atwatee, J. The counsel for the Plaintiff in Error claims that the certificate of the acknowledg*46ment to a deed, affixed thereto by an officer empowered to take acknowledgments, and regular upon its face, is conclusive evidence of the matters contained therein, and cannot be aided or disproved by parol testimony. Such a rule may have been adopted in some of the States, but certainly not in others, as see 4 John., 161; 12 John., 468; 2 Wen., 308; 1 Hill, 540. But in this State we think the Statute conclusive on the subject. Seo. 26, p. 400, Comp. Stat., provides that “ all…
2Cases cited11 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Sanford v. McLeanNew York Court of Chancery · 1831
- Mott v. SmithCalifornia Supreme Court · 1860
- Meriam v. HarsenNew York Court of Chancery · 1847
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dolph v. BarneyOregon Supreme Court · 1874
- Martin v. ColburnSupreme Court of Missouri · 1885
- Edgerton v. JonesSupreme Court of Minnesota · 1865