Olsen v. Peterson
Supreme Court of Minnesota
Appeal by defendant, John Peterson, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made March 24,1893, overruling his demurrer to the complaint.
Read the full summary
Appeal by defendant, John Peterson, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made March 24,1893, overruling his demurrer to the complaint. The plaintiff, Nelson Olson, by his complaint, stated that on September 20, 1892, he entered into a contract with defendant to purchase of him the southeast quarter of the southwest quarter of section thirty-one (31,) T. 48, R. 16, in St. Louis County, for $800, and paid $150 thereon, to be repaid if title was, on examination, found defective. That the defendant’s title was found to be defective. That on July 10,1864,…
1Opinion of the CourtVanderburgh, J.
A certificate of sale of the real estate in question upon execution, and in due form, was executed by the sheriff who made the sale on the 10th day of July, 1864. This certificate was not, however, recorded until August 4, 1865. Subsequently, however, on the 10th day of September, 1870, the person who made the sale executed another certificate of the sale — as late sheriff — of that date, and it was recorded on that day. The statute in force when the sale was made (Laws 1862, ch. 19) provided that such *524certificates should he void if not recorded in twenty days, but also provided that the…
2Cited by2 opinions
- City of Ortonville v. GeerSupreme Court of Minnesota · 1904
- Dallemand v. SwensenSupreme Court of Minnesota · 1893