Wilcox v. Bergman
Supreme Court of Minnesota
Action in the district court for Pine county to recover $2,000 for fraud of defendants in conveying to an innocent third person land previously sold and conveyed to plaintiff by warranty deed, which deed had not been recorded at the time of the fraudulent second sale. The case was tried before Crosby, J., who dismissed the action upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
This action was brought to recover damages for the alleged fraud of defendants in conveying certain property to a third person after' having previously conveyed it by warranty deed to plaintiff. The complaint alleges, among other things, that the defendant Christina Bergman was on August 10, 1900, the owner of the land mentioned, and that she and her husband, defendant August Bergman, for a valuable-consideration, conveyed the same by warranty deed to plaintiff; that: by inadvertence plaintiff neglected to record the deed in the office of the register of deeds, as required by the laws of the…
2Cases cited10 opinions
- State v. PagelsSupreme Court of Missouri · 1887
- Lee v. MathewsSupreme Court of Alabama · 1846
- Ellingboe v. BrakkenSupreme Court of Minnesota · 1886
- Crandall v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- Myers v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pena Y Vidaurri's Estate v. BruniCourt of Appeals of Texas · 1913
- Davidson v. Unknown Heirs of PetersonNorth Dakota Supreme Court · 1912
- Bay State Wholesale Drug Co. v. WhitmanMassachusetts Supreme Judicial Court · 1932
- Bristow v. LangeSupreme Court of Iowa · 1936
- State Ex Rel. Arpagaus v. ToddSupreme Court of Minnesota · 1947
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