Benson v. Markoe
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Ramsey county, where the action was tried by Brill, J. The pleadings and findings show these facts: In 1883, William F. Markoe, defendant’s grantor, purchased of plaintiff certain premises, received a deed, and gave back a purchase-money mortgage, with power of sale. Both deed and mortgage were duly recorded.
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Appeal by plaintiff from a judgment of the district court for Ramsey county, where the action was tried by Brill, J. The pleadings and findings show these facts: In 1883, William F. Markoe, defendant’s grantor, purchased of plaintiff certain premises, received a deed, and gave back a purchase-money mortgage, with power of sale. Both deed and mortgage were duly recorded. On April 15, 1885, at William F.’s request, and to correct an alleged insufficiency in description of the deed, plaintiff executed and delivered to him a quitclaim deed, which included in its description the before-granted and…
1Opinion of the CourtCollins, J.
From an order overruling a general demurrer to the complaint in the above-entitled action the defendant appealed to this court, whereupon the order was affirmed. 37 Minn. 30, (33 N. W. Rep. 38.) Upon issues of fact thereafter made in the district court the case was tried by the court, without a jury, resulting in findings to the effect that all of the allegations of the eompláint were true. In addition to the allegations in said complaint stated in the former opinion, it was averred, and by the court found true, that, after the delivery and record of the quitclaim deed, the legal effect of…
2Cases cited2 opinions
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Ferguson v. GlassfordMichigan Supreme Court · 1888
3Cited by8 opinions
- Backus v. BurkeSupreme Court of Minnesota · 1892
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Brown v. ComonowNorth Dakota Supreme Court · 1908
- Elmquist v. MarkoeSupreme Court of Minnesota · 1891
- Soufal v. GriffithSupreme Court of Minnesota · 1924
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