Board Of Education Of Minneapolis v. Hughes

118 Minn. 404, 136 N.W. 1095 (1912)

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Nature of the Case

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Facts

Hoerger owned a lot on May 16, 1906. The lot was vacant and subject to unpaid and delinquent taxes. Hughes (D) offered to pay $25 for this lot. That offer was accepted, and D sent a check for the purchase price of that lot and two others that were being bought. The check was sent to the husband of Hoerger together with a deed to be executed and returned. The name of the grantee was not inserted but left blank. Hoerger executed and acknowledged the deed on May 17, 1906, but D's name was not on the deed. D put his name on the deed later, before it was recorded on December 16, 1910. Hoerger then deeded the same property to Duryea & Wilson by a quitclaim deed on April 27, 1909. This was recorded on December 21, 1910, five days after Hughes' deed was recorded. Duryea & Wilson conveyed the property to the Board of Education of Minneapolis (P) via a warranty deed on November 19, 1909. This was recorded on January 27, 1910. In the action to determine who owned the property, judgment was rendered to P. D appealed.