New v. Wheaton
Supreme Court of Minnesota
This was an action to set aside or declare void the title of the defendant Wheaton to a certain lot of land in Eamsey county. The cause was tried in the district court for said county by Brill, J., without a jury, and judgment was rendered. for defendants for costs and disbursements. The defendant Wheaton appealed from this judgment. argued that under our system of registry laws the doctrine of implied notice was not favored, (4 Kent’s Com. 179,180, note; McMechanv.
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This was an action to set aside or declare void the title of the defendant Wheaton to a certain lot of land in Eamsey county. The cause was tried in the district court for said county by Brill, J., without a jury, and judgment was rendered. for defendants for costs and disbursements. The defendant Wheaton appealed from this judgment. argued that under our system of registry laws the doctrine of implied notice was not favored, (4 Kent’s Com. 179,180, note; McMechanv. Griffing, 3 Pick.' 149; Rogers v. Jones, 8 N. H. 264; Fassett v. Smith, 23 N. Y. 258; Williamson v. Brown, 15 N. Y. 361;) that…
1Opinion of the CourtBerry, J.
The facts of this case as found by the court below are these: On January 5, 1874, the plaintiff Patrick New, being the owner of certain land, executed, together with the plaintiff Julia New, his wife, a deed conveying the same in fee simple to defendant Farrell, which was duly recorded on the twenty-fourth day of the same month. The deed was executed in pursuance of an agreement between the plaintiffs and Farrell, to the effect that the land should be conveyed to the latter to secure him for liability incurred by him by beconu ing surety on a bail-bond for a son of the plaintiffs who was in…
2Cases cited4 opinions
- Pence v. ArbuckleSupreme Court of Minnesota · 1876
- State v. TimmensSupreme Court of Minnesota · 1860
- Groff v. RamseySupreme Court of Minnesota · 1872
- Palmer v. BatesSupreme Court of Minnesota · 1876
3Cited by11 opinions
- Lading v. City of DuluthSupreme Court of Minnesota · 1922
- Turman v. BellSupreme Court of Arkansas · 1891
- Exon v. DanckeOregon Supreme Court · 1893
- Groff v. State Bank of MinneapolisSupreme Court of Minnesota · 1892
- Lewis v. WilliamsCourt of Appeals of Kentucky · 1921
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