42 Minn. 304 | Minn. | 1890
March 23, 1887, defendant and one Laura A. Wilson made and entered into a' written contract, whereby the latter sold and agreed to convey certain real property for the sum of $5,000, of which $500 was paid down. The defendant was to pay the further sum of $2,000, and to execute and deliver his note for the remainder, ($2,-500,) properly secured by mortgage, within 10 days. Upon strict compliance with these terms as to payment and security, Mrs. Wilson on her part agreed, on demand thereafter, to convey the property to defendant, or his legal representative, by good and sufficient deed and in fee-simple. The next day defendant sold his interest in the
The order must be affirmed. It stands admitted that when Mrs. Wilson entered into the contract, and at the time she offered to convey, she was not the owner of the property, although she supposed her title to be perfect. Further, and without considering plaintiff’s contention that there are several defects in the deeds whereby Mrs. Wilson claims to have acquired title to the greater part of the property, it is undisputed that an outstanding adverse interest therein, held and owned by a person who did not attain her majority until February 6, 1888, was not secured by Mrs. W. until nearly 13 months subsequent to the commencement of this action, just the week before its trial. When the defendant contracted with plaintiff to return the sum named as a consideration for the assign
Order affirmed.