27 Minn. 411 | Minn. | 1881
On September 2, 1857, Yetal Guerin, owning certain real estate in Bamsey 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 Bamsey 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 Bamsey 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.
Among others the district court found conclusions of law to the effect — First, that the validity of Coffin’s claim against the estate of Goldsmith was established by the proceedings in the probate court, common pleas, and supreme court, before mentioned, and cannot be litigated in this action. Second, that Guerin’s equitable lien, as vendor of the premises in controversy, growing out of the failure of title to a portion of the real estate received by him in exchange therefor, cannot prevail against the claim of Coffin, as a subsequent creditor without notice of Goldsmith, Guerin’s vendee, and the defendant’s title is not affected by such lien. Third, that, conceding that such lien, if properly enforced, would have been paramount to the claims of subsequent creditors of the vendee, still the lien has not been in any manner enforced. Goldsmith, at the time of his death, had an interest in the premises liable to be sold for the payment of his debts. That interest
These findings are, in our opinion, correct. The first is directly supported by State v. Ramsey County Probate Court, 25 Minn. 22. The second is simply an application of the well-settled rule that a vendor’s lien upon real estate does not prevail against a creditor of the purchaser, whose claim accrued subsequently to the lien, and without notice of it. 2 Washburn Real Prop. c. 16, § 3, subd. 13; Bayley v. Greenleaf, 7 Wheat. 46; Webb v. Robinson, 14 Ga. 216; Chance v. McWhorter, 26 Ga. 315; Perry on Trusts, § 239. The third and fourth are supported directly or by necessary inference by State v. Ramsey County Probate Court, above cited. The fifth is an obvious consequence and result of the four preceding. The plaintiff’s position, that the real estate in question was relieved of any charge or liability by the operation of the proviso of Gen. St. 1878, c. 46, § 3, is disposed of in the case ■cited, where that section is held not to be retroactive, but to include future cases only, and, therefore, to have no application to a claim like that of Coffin in this case. It is not improper to add that it is by no means clear that this proviso has any reference whatever to the right of a creditor of a ■decedent’s estate to insist that the real property of the same ■shall be sold and applied to the payment of his debt.
One other finding of the court below remains to be noticed. The plaintiffs paid taxes duly assessed upon the premises in dispute for four years. The court finds that, not having been in possession of the premises, they are not entitled to any
Judgment affirmed.