Legal Opinion

McRae v. Sullivan

Supreme Court of Minnesota

Decided January 19, 1894No. 8486PublishedCited by 1 opinion

Appeal by defendant, Timothy A. Sullivan, from an order of the District Court of St. Louis County, Chas. L. Lewis, J., entered August 31, 1893, overruling his demurrer to the complaint.

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Appeal by defendant, Timothy A. Sullivan, from an order of the District Court of St. Louis County, Chas. L. Lewis, J., entered August 31, 1893, overruling his demurrer to the complaint. On March 19,1891, the plaintiffs, Alexander J. McRae and Michael Murphy, sold and conveyed to Edward Kennedy, John F. Gleason and John P. Thayer lot eighteen (18) in block forty six (16) in West Superior, Wisconsin, for $17,000. They paid $9,000 and gave to plaintiffs their notes due in six months for the residue, and secured them by a mortgage on the lot. On May 26, 1891, Gleason and Thayer sold and conveyed…

1Opinion of the CourtCanty, J.

This is an appeal from an order overruling the demurrer of the defendant Sullivan to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.

The complaint alleges that plaintiffs were the owners of certain land in Wisconsin, which they sold and conveyed to the other defendants, who gave their notes, secured by a mortgage, for the purchase price. That thereafter those defendants sold and conveyed by warranty deed an undivided one-half interest in the land to the defendant Sullivan, who in consideration thereof in and by the deed assumed and agreed to…

2Cases cited1 opinion

  1. State ex rel. Town of Marine v. BrowneSupreme Court of Minnesota · 1894

3Cited by1 opinion

  1. State ex rel. Town of Marine v. BrowneSupreme Court of Minnesota · 1894

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