Horning v. Sweet

• Decision Date: 09 October 1880
• Citation: 6 N.W. 782,27 Minn. 277
• Parties: David Horning v. Charles Sweet
• Court: Minnesota Supreme Court

6 N.W. 782

27 Minn. 277

David Horning v. Charles Sweet

Supreme Court of Minnesota

October 9, 1880

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 Morin's consent and approval, and provided that defendant might erect the building and occupy the same until such time, after two years from said date, as he, the said Burhans, should pay to the defendant the cost of construction of said building, being $ 225, and that, on such payment, the defendant should vacate the premises after a reasonable notice, and that during the two years, and thereafter until the payment of the $ 225, defendant might occupy the premises free of rent. The answer further alleges that defendant has fully complied with the terms of the agreement, and that plaintiff, ever since July 1, 1877, has had notice thereof and of the terms of the agreement; and that the plaintiff, if any title he has, has acquired the same through Burhans by an assignment of the contract with Morin.

The evidence in the cause was taken before a referee. The plaintiff, to prove his title, introduced in evidence (under proper objection) a certificate of the register of deeds of the county, stating "that Wm. L. Gray entered the northwest quarter of the southeast quarter of section 3 township 102, range 23, as the same appears upon the record of original entries in the office of the register of deeds aforesaid;" also, (under proper objection,) a copy of the record of a deed of the same 40 acres from Wm. L. Gray to Augustus Armstrong, and a copy of the record of a deed of the same from Augustus Armstrong and wife to William Morin, each copy being thus certified by the register of deeds: "I Ole O. Simonson, register of deeds in and for the county of Freeborn, in the state of Minnesota, do certify that the foregoing is a true copy of a deed from" (the grantor named to the grantee named,) "as the same appears of record in the office of register of deeds aforesaid, in book," etc. Plaintiff then introduced in evidence a conveyance in fee of the lot in question by Morin and wife to plaintiff,...