Horning v. Sweet
Supreme Court of Minnesota
Ejectment for a lot of ground in the village of Alden in Freeborn county, the complaint alleging generally title in fee and right of possession in plaintiff, and a wrongful detention by defendant.
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Ejectment for a lot of ground in the village of Alden in Freeborn county, the complaint alleging generally title in fee and right of possession in plaintiff, and a wrongful detention by defendant. The defendant in his answer denied plaintiff’s title and right of possession, and alleged that in May, 1877, he constructed a building on the premises, under a contract with one H. N. Burhans, who was then the owner of the lot and held the same under and by virtue of a contract of purchase from one William Morin, who had the legal title to the premises. That his contract with Burhans was made with…
1Opinion of the CourtCornell, J.
Upon the allegations of the answer defendant claims possession under an agreement with one Burhans, and he avers that when said agreement was made, Burhans “was the owner of the said lot and premises, and held the same under and by virtue of a contract of purchase of one William Morin, who had the legal title to said premises.” The only reasonable interpretation that can be given to these allegations is that Burhans had acquired an equitable title to the lot under a contract of purchase from Morin, who was the owner in fee and held the legal title. It is evident, therefore, that defendant is…
2Cited by7 opinions
- Jackson v. TateboWashington Supreme Court · 1892
- Leland v. HeibergSupreme Court of Minnesota · 1923
- Alexander v. DuncanCourt of Appeals of Kentucky (pre-1976) · 1933
- Bay State Mining & Townsite Co. v. JacksonSupreme Court of Colorado · 1900
- McDonald v. HannahCourt of Appeals for the Ninth Circuit · 1894
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