Dawson v. Girard Life Insurance, Annuity And Trust Company of Philadelphia
| Decision Date | 25 January 1881 |
| Citation | 8 N.W. 142,27 Minn. 411 |
| Parties | William Dawson and another v. Girard Life Insurance, Annuity and Trust Company of Philadelphia |
| Court | Minnesota Supreme Court |
Appeal by plaintiffs from a judgment of the district court for Ramsey county in an action to quiet title, tried before Simons, J., without a jury, adjudging that the plaintiffs had not any estate, title or interest in or to the real estate in controversy, but that the defendant was owner thereof in feesimple.
Judgment affirmed.
J. B Brisbin, and W. S. Moore, for appellants.
Allis & Allis, for respondent.
On September 2, 1857, Vetal Guerin, owning certain real estate in Ramsey county, being the same which is in controversy in this action, conveyed it to Philip Goldsmith, and, in exchange, Goldsmith, by warranty deed conveyed to Guerin certain real estate in Dakota county, to a part of which he (Goldsmith) had no title. On January 19 1858, Goldsmith, by warranty deed, conveyed certain real estate to William Coffin. On August 8, 1863, Goldsmith died testate, seized of the lands in controversy, by his will making Sarah Goldsmith (his widow) his sole executrix and devisee of said lands. On August 26, 1866, the will was duly admitted to probate in Ramsey county, and an attested copy of the same, and of the probate thereof, duly recorded in the registry of deeds. The executrix entered upon her duties and continued to act until she was removed, on April 20, 1876. On December 8, 1869, Coffin was evicted from the lands conveyed to him by Goldsmith, under a claim of paramount title. Commissioners to pass upon claims against Goldsmith's estate were appointed by the probate court of Ramsey county, on December 20, 1869. Upon the presentation of Coffin's claim for damages for the breach of the covenant of warranty by his eviction, the commissioners allowed him $ 28,548.55, and duly filed their report September 27, 1870. On appeal to the common pleas and to this court, Coffin's damages were finally fixed at $ 42,122.28, with costs, and proper transcripts were filed in the probate court, on March 13, 1876. Upon the removal of the executrix, Beals, having been duly appointed administrator, with the will annexed, of Goldsmith's estate, and having qualified and entered upon his duties, commenced proceedings, on March 28, 1877, in the probate court, to sell the real estate in controversy to satisfy Coffin's claim, and, in pursuance of license granted May 6, 1878, sold the same for that purpose to defendant, on June 3, 1878. This is defendant's title, and it must be taken to be a good title unless the plaintiffs can show a better.
On November 30, 1867, Guerin, being in embarrassed circumstances, assigned his claim for damages for the breach of covenant in Goldsmith's deed to him to Brisbin, who was to prosecute the same, and pay over the proceeds (less a reasonable compensation for services) to Guerin. On December 20, 1867, Brisbin commenced an action for the recovery of the claim for breach of the covenant of seizin, in his own name but for Guerin's benefit, against Sarah Goldsmith, as executrix as aforesaid. The action was not prosecuted to judgment, but it was agreed that it should be dismissed, in consideration that said Sarah, as executrix and devisee, should convey the land in controversy to Guerin. On May 6, 1868, she accordingly quitclaimed the same to Clark, who, at Guerin's request, quitclaimed the same to Brisbin's wife, by whom (Brisbin joining) the land was, on October 16, 1868, conveyed, by warranty deed, to plaintiffs for $ 1,000, $ 400 of which was retained by Brisbin...
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