National Bank of Republic of New York v. Banholzer
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Bunn, J., denying its application for the appointment of a receiver in supplementary proceedings.
1ConcurrenceStabt, C. J.
I concur in the result, but not in the proposition that the test whether the whole of the land in question is the homestead of respondent is whether it is in the rural or urban portion of the city of St. Paul.
The statutory test, as repeatedly held by this court, is whether the tract is itself included within, and is a part of, that portion of the municipality which is either laid out or platted. Baldwin v. Robinson, 39 Minn. 244, 39 N. W. 321; Mintzer v. St. Paul, 45 Minn. 323, 47 N. W. 973. This construction has become a rule of property, and, whether it is right or wrong, it ought now to be…
2Cases cited5 opinions
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- In re Smith's EstateSupreme Court of Minnesota · 1892
- Mintzer v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Baldwin v. RobinsonSupreme Court of Minnesota · 1888
- Ford v. ClementSupreme Court of Minnesota · 1897