42 Minn. 279 | Minn. | 1890
On the 2d day of October, 1883, one Ruden recovered a judgment against Orlando B. Turrell, who then held! the legal title to the real property in question in this suit. Previ
This claim is utterly without foundation. The judgment was subordinate to the contract with Lewis. It was technically a lien upon the legal title while held by Turrell, but he held the title as trustee for Lewis, and, when the purchase-money was paid and the deed given, as respects Turrell and subsequent grantees or lienholders with notice, it took effect, by relation, from the date of the contract, and plaintiff’s judgment was as completely barred as if the deed had been made when the contract was. Baker v. Thompson, 36 Minn. 314, (31 N. W. Rep. 51,) While the contract was executory, the lien of the judgment might be enforced solely to reach the unpaid purchase-money. Welles v. Baldwin, 28 Minn. 408, (10 N. W. Rep. 427.) The
Order affirmed.
Gilfillan, C. J., was absent, and took no part in this case.