51 Minn. 421 | Minn. | 1892
Although several assignments of error are made by ■counsel for appellant in this case, they raise practically but one question, which is as to the recording of a certified copy of the judgment decree introduced in evidence by the respondents. If this copy was of record in the office of the register of deeds for Bamsey county, in which was situated the real property herein involved, on the day that the register certified in his indorsement on the instrument itself, —October 8, 1883, — the respondents, being bona fide purchasers, were protected by the provisions of Laws 1887, eh. 61.
To establish the fact of this record the respondents introduced in evidence the original certified copy of the decree, on which the register of deeds had indorsed in due form that it was filed for record in his office on the day last mentioned, and was duly recorded in Book 120 of Deeds, pages 203-205.- They also introduced in evi
The second objection mentioned may be disposed of by calling attention to the fact that, in the form prescribed for a division of each page of the reception' books into seven columns, there is no provision for a column to be headed “Description of Property,” as assumed by appellant’s attorney. It was therefore of no consequence that under such a heading nothing appeared but the words “See record.” " In this connection, however, it may be well to call attention to the following authorities: Bostwick v. Powers, 12 Iowa, 456; Barney v. Little, 15 Iowa, 527; Oconto Co. v. Jerrard, 46 Wis. 317, (50 N. W. Rep. 591;) St. Croix Land & Lumber Co. v. Ritchie, 73 Wis. 409, (41 N. W. Rep. 345, 1064;) Lane v. Duchac, 73 Wis. 646, (41 N. W. Rep. 962;) American Emigrant Co. v. Call, 22 Fed. Rep. 765.
The counsel for appellant devoted much time to the fact, assigned! as error, that he was not allowed to show upon the trial that the register of deeds, when making the entry immediately following the
We have made no allusion to the effect of the introduction in evidence of several pages of the book immediately preceding and succeeding the pages on which the copy was recorded, as before stated,
Order affirmed.
(Opinion published 53 BT. W. Rep. 806.)