Henry v. White

Supreme Court of Minnesota

Henry v. White

140 N.W. 1034, 121 Minn. 527, 1913 Minn. LEXIS 807

CourtSupreme Court of Minnesota

DecidedApril 18, 1913

DocketNos. 18,185—(246)

StatusPublished

This text of 140 N.W. 1034 (Henry v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henry v. White, 140 N.W. 1034, 121 Minn. 527, 1913 Minn. LEXIS 807 (Mich. 1913).

Pincite

Opinion

Per Curiam.

Appeal by plaintiff from an order overruling his demurrer to the answer of defendant White. As this answer, in addition to pleading that defendant was an innocent purchaser, contained a general denial of all the allegations of the complaint, which included a denial of the making of and default in the mortgage sought to be foreclosed, the demurrer was properly overruled.

The question upon which our decision is sought — that is, whether an innocent purchaser of a title registered under the Torrens law is protected against the fraud of his grantor in failing to disclose in the registration proceedings the existence of an unrecorded mortgage on the property — is not raised by this demurrer to a general denial, and we decline to consider or decide it.

Order affirmed.

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Per Curiam.

Appeal by plaintiff from an order overruling his demurrer to the answer of defendant White. As this answer, in addition to pleading that defendant was an innocent purchaser, contained a general denial of all the allegations of the complaint, which included a denial of the making of and default in the mortgage sought to be foreclosed, the demurrer was properly overruled.

The question upon which our decision is sought — that is, whether an innocent purchaser of a title registered under the Torrens law is protected against the fraud of his grantor in failing to disclose in the registration proceedings the existence of an unrecorded mortgage on the property — is not raised by this demurrer to a general denial, and we decline to consider or decide it.

Order affirmed.

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Bluebook (online)

140 N.W. 1034, 121 Minn. 527, 1913 Minn. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-white-minn-1913.