Legal Opinion

Wilder v. Brooks

Supreme Court of Minnesota

Decided January 15, 1865PublishedCited by 20 opinions

This action was brought in the District Court of Ramsey county to remove an alleged cloud on the title to certain real estate situate in said county, owned by the Plaintiffs, caused by a judgment lien of the Defendants. The cause was tried by said District Court without a jury.

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This action was brought in the District Court of Ramsey county to remove an alleged cloud on the title to certain real estate situate in said county, owned by the Plaintiffs, caused by a judgment lien of the Defendants. The cause was tried by said District Court without a jury. The following are the material facts substantially as found by the Court: On the 30th of September, 1858, one Pease, then .the owner of the real estate described in the complaint, duly conveyed the same to one Torbet, by deed, duly recorded on the same day, of which conveyance and record the wife of Torbet had…

1Opinion of the Court

By the Court —

Beery, J.

— The determination of this case depends upon the effect to bo given to the instrument recited in the finding of the Court below, and running from Andrew M. Torbet to his wife. No question is made upon the manner of its execution or the sufficiency of its record. If it conveyed a good title to Mrs. Torbet, we perceive no reason to doubt that Mrs. Wilder, the Appellant, acquired and now possesses a good title to the property in dispute by virtue of the subsequent conveyances. It nowhere appears that the cause of action upon which the Respondents’ judgment was recovered,…

2Cases cited4 opinions

  1. Sexton v. WheatonSupreme Court of the United States · 1823
  2. Shepard v. ShepardNew York Court of Chancery · 1823
  3. Livingston v. LivingstonNew York Court of Chancery · 1817
  4. Tullis ex rel. Lamprey v. FridleySupreme Court of Minnesota · 1864

3Cited by20 opinions

  1. Sharood v. HatfieldSupreme Court of Minnesota · 1973
  2. Seiz v. Citizens Pure Ice Co.Supreme Court of Minnesota · 1940
  3. State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
  4. Bendler v. BendlerSupreme Court of New Jersey · 1949
  5. State ex rel. Young v. BrillSupreme Court of Minnesota · 1907

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