Legal Opinion

McKusick v. County Commissioners

Supreme Court of Minnesota

Decided July 15, 1870PublishedCited by 10 opinions

The plaintiff brought this suit in the district court for Washington county. The allegations of the complaint are substantially as follows: that at the time of the execution of a certain deed which is set out herein, the plaintiff was seized in fee simple of the lands therein described, which are now known as lot one (1) of block thirty-two (32) in the town of Stillwater, Minnesota; that on the 20th day of December, 1847, the plaintiff executed to the defendants a deed in…

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The plaintiff brought this suit in the district court for Washington county. The allegations of the complaint are substantially as follows: that at the time of the execution of a certain deed which is set out herein, the plaintiff was seized in fee simple of the lands therein described, which are now known as lot one (1) of block thirty-two (32) in the town of Stillwater, Minnesota; that on the 20th day of December, 1847, the plaintiff executed to the defendants a deed in the following words: “ This indenture made this 20th day of December, 1847, between John McKusick of the village of…

1Opinion of the Court

By the Court

Ripley, Ch. J.

The description in the deed first set up in the complaint is so uncertain, that it cannot be known therefrom what was intended to be conveyed. The deed is therefore void, and the allegations which precede the statements respecting the second deed, amount to no more *155than, that on the 20th of December, 1847, plaintiff owned land in Stillwater now known as lot one, block thirty-two, on the town plat, and other lands in the vicinity of such lot, and that at some time thereafter and prior to said second deed, defendants had erected a court house on said lot for the…

2Cases cited2 opinions

  1. M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. Belden v. SeymourSupreme Court of Connecticut · 1831

3Cited by10 opinions

  1. Bulau v. BulauSupreme Court of Minnesota · 1940
  2. Barnard v. ThurstonSupreme Court of Minnesota · 1902
  3. Hooper v. VanstrumSupreme Court of Minnesota · 1904
  4. State Ex Rel. Department of Natural Resources v. HessSupreme Court of Minnesota · 2004
  5. Royal Realty Co. v. LevinSupreme Court of Minnesota · 1954

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