Miller v. Hennen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that once a party has actual notice “that someone other than the 'vendor was living on the land,” it had “a duty to inquire concerning the rights of the inhabitant of the property”
• stating that adverse claims to property are subject to equitable relief
• holding the purchaser’s investigation of the recorded mortgage, which consisted of visiting the property, searching the tract index for other instruments, and contacting the record owner, to be a reasonable off-record search of the title to the property
• “A recorded interest is constructive notice only of the facts appearing on the face of the record.” (quotation omitted)
• “The burden is on the party resisting the prior unrecorded title to prove that he purchased or acquired such title in good faith.”
• the supreme court noted that equity favored the purchaser who took steps to inquire into title over plaintiff who failed to protect its interests

Source: CourtListener parenthetical corpus (CC0).

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

• Chergosky v. Crosstown Bell, Inc.
  Supreme Court of Minnesota· 1990-11-30· cited 104×
• Claflin v. Commercial State Bank of Two Harbors
  Court of Appeals of Minnesota· 1992-06-02· cited 21×
• Real Estate Equity Strategies, LLC v. Jones
  Court of Appeals of Minnesota· 2006-08-08· cited 20×
• Swanson v. Swanson
  North Dakota Supreme Court· 2011-04-12· cited 16×
• Chaney v. Minneapolis Community Development Agency
  Court of Appeals of Minnesota· 2002-03-26· cited 14×
• Stone v. Jetmar Properties, LLC
  Court of Appeals of Minnesota· 2007-06-12· cited 13×
• The County of Ramsey v. MERSCORP Holdings, Inc.
  Eighth Circuit· 2014-12-19· cited 13×
• Mary Joyce Thomson v. United States
  Eighth Circuit· 1995-09-19· cited 12×
• Amos Graves v. Michael Wayman, First Minnesota Bank
  Supreme Court of Minnesota· 2015-02-25· cited 12×
• Bergquist v. Fidelity Mortgage Decisions Corp. (In Re Alexander)
  D. Minnesota· 1998-03-09· cited 9×
• Gabler v. Fedoruk
  Court of Appeals of Minnesota· 2008-10-14· cited 8×
• Ameriquest Mortgage Co. v. Stradtmann (In Re Stradtmann)
  Eighth Circuit· 2008-06-30· cited 8×
• Comstock & Davis, Inc. v. G.D.S. & Associates
  Court of Appeals of Minnesota· 1992-02-11· cited 7×
• Finnegan v. SunTrust Mortgage
  D. Minnesota· 2015-10-21· cited 7×
• Chergosky v. Crosstown Bell, Inc.
  Court of Appeals of Minnesota· 1990-05-01· cited 6×
• Washington Mutual Bank, F.A. v. Elfelt
  Court of Appeals of Minnesota· 2008-09-30· cited 4×
• Graves v. Wayman
  Court of Appeals of Minnesota· 2012-07-09· cited 4×
• Ries v. Ibach (In Re Ibach)
  D. Minnesota· 2008-12-12· cited 3×
• Levine v. Bradley Real Estate Trust
  Court of Appeals of Minnesota· 1990-06-12· cited 2×
• MidCountry Bank v. Krueger
  Court of Appeals of Minnesota· 2009-03-10· cited 2×

Cites

9 cases in this archive are cited by this case.

• City of Minnetonka v. Carlson
  Supreme Court of Minnesota· 1980-10-31· cited 42×
• Anderson v. Graham Investment Co.
  Supreme Court of Minnesota· 1978-01-13· cited 36×
• Board of Education v. Hughes
  Supreme Court of Minnesota· 1912-07-05· cited 22×
• Fifield v. Norton
  Supreme Court of Minnesota· 1900-04-20· cited 13×
• Murphy v. Anderson
  Supreme Court of Minnesota· 1914-12-31· cited 12×
• Howard, McRoberts & Murray v. Starry
  Court of Appeals of Minnesota· 1986-02-25· cited 9×
• Strong v. Lynn
  Supreme Court of Minnesota· 1888-04-25· cited 8×
• Mead v. Randall
  Supreme Court of Minnesota· 1897-05-12· cited 8×
• Miller v. Hennen
  Court of Appeals of Minnesota· 1988-08-17· cited 1×

Other cases named Miller v. Hennen

2 other CourtListener records share this case name.

• Miller v. Hennen
  Court of Appeals of Minnesota· 1988-08-17· cited 1×
• Miller v. Hennen
  Supreme Court of Minnesota· 1988-08-17