Farmer's National Bank of Owatonna v. Moran
Supreme Court of Minnesota
Plaintiff appeals from a judgment of the district court for Steele county, where the action was tried before Buckham, J., without a jury.
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Plaintiff appeals from a judgment of the district court for Steele county, where the action was tried before Buckham, J., without a jury. In addition to the facts mentioned in the opinion, the court found that on February 23, 1878, one Lewis Gowdy duly recovered a judgment against Charles Adsit, under which all the right, title and interest of Adsit to the 80 acres, of the 160 acres mentioned in the opinion, not occupied as a homestead, was sold; that subsequently the certificate of sale was duly transferred to plaintiff before the beginning of this action; that the defendant has resided on…
1Opinion of the Court
Yanderbürgh, J.
The plaintiff claims, by virtue of an execution sale against one Charles Adsit, to have acquired an estate for his *167life in the land in question, and seeks by this action to recover’ the possession from the defendant, who is occupying under the authority of Adsit. Ádsit’s interest was derived under the will of Jonah Wood-ruff, his father-in-law, the provisions of which, in so far as they relate to this land, are as follows: “Item 4. I give and devise to my executors, hereinafter named, my farm in the state of Minnesota of 160 acres, on which my son-in-law, Charles Adsit, now…
2Cases cited2 opinions
- Richardson v. StodderMassachusetts Supreme Judicial Court · 1868
- Earl v. RoweSupreme Judicial Court of Maine · 1853
3Cited by2 opinions
- In re the Estate of OertleSupreme Court of Minnesota · 1885
- Smith v. Security Loan & Trust Co.North Dakota Supreme Court · 1899