BOARD OF EDUCATION OF MINNEAPOLIS V. HUGHES
118 Minn. 404, 136 N.W. 1095 (1912)
NATURE OF THE CASE: This was an action to determine adverse claims to certain real
property.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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