50 Minn. 152 | Minn. | 1892
The plaintiff agreed to purchase the lot in controversy of the defendant at the agreed price of $12,000, and on the 15th day of December, 1888, defendant, at the instance of the plaintiff, conveyed the same by deed with full covenants and warranty to one Mauseau, who it was mutually understood took the same in trust for plaintiff. At that date the plaintiff paid the sum of
It is found by the court that Mauseau was simply acting as the agent and in the interest of the plaintiff, who furnished the money
In May and June, 1888, two judgments of upwards of $1,000 each were recovered against the grantor of defendant, which became and were liens on the lot when he conveyed the same to plaintiff’s grantor.
Executions were issued, and the property was sold on each„of the judgments, and one Bevier became the owner of each of the certificates of sale; and it was duly adjudged in an action wherein the defendant was plaintiff and the holders of the certificates of sale were defendants that the judgments and execution sales were valid. No redemption was made therefrom. But after the time for redemption had expired the holder of the certificates of sale brought an action against both the plaintiff and the defendant herein, in which such proceedings were had that final judgment was recovered by the plaintiff therein, and by which it was adjudged and determined that the plaintiff in that action was the owner of the lot in controversy, and barring all right, title, claim, or interest of this plaintiff therein.
It is also found by the court that an additional payment had been made by plaintiff as part of the consideration of the purchase prior to August 15, 1889, making in all the sum of $6,650 paid at that date; and there is evidence sufficient to support this finding. And the record also shows that the plaintiff has been evicted from the possession of the premises, and there has therefore been a breach of the covenant of warranty in the defendant’s deed.
The only questions of importance to be considered in the case grow out of the contract above referred to, providing for the redemption from the execution sales out of the purchase money secured by the mortgage and notes left in escrow with the bank. We are of the opinion that the agreement was obligatory on the plaintiff. Mauseau was acting as trustee for plaintiff. The trust was executed, and the mortgage and notes indorsed by plaintiff had been deposited with his consent and by his direction, and the agreement made for him; and when he stepped into Mauseau’s shoes he became bound by the obligations, as well as entitled to the benefits of the arrangement, treated as one entire transaction. He could not neglect to
Upon the defendant, apart from the contract, rested the superior obligation and duty to assume and pay off the prior liens upon the land, and when he waived the express provisions in the special contract touching the matter his liability became absolute and unquestioned.
The plaintiff, having lost the land because of the outstanding paramount title, is entitled to recover the amount of the consideration actually paid, with interest.
Judgment affirmed.