Landis v. Olds
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE OLMSTED COUNTY. Points and authorities for Appellant. I. Before the act of 1853, (Oomp. iSts., ,) abolishing the Court of Chancery, the practice in actions pending in equity upon the death of the sole Plaintiff after decree passed, was to revive the action by Bill of Revivor, strictly so called, in all cases where the interest of the deceased was transmitted to that representative which the law gives or ascertains as the heir, executor or…
Read the full summary
APPEAL EROM THE DISTRICT COURT OE OLMSTED COUNTY. Points and authorities for Appellant. I. Before the act of 1853, (Oomp. iSts., ,) abolishing the Court of Chancery, the practice in actions pending in equity upon the death of the sole Plaintiff after decree passed, was to revive the action by Bill of Revivor, strictly so called, in all cases where the interest of the deceased was transmitted to that representative which the law gives or ascertains as the heir, executor or administrator, where the title could not be disputed; but the person in whom the title vested was alone to be ascertained.…
1Opinion of the Court
*92 By the Court
Atwater, J.
This is an appeal from an order setting aside a mortgage sale, and substituting Samuel Landis as Plaintiff in place of John P. Leebrick, deceased. The action was commenced by Leebrick against Olds and others to foreclose a mortgage executed by Olds to Leebrick. A judgment and decree was entered in favor of the Plaintiff for the sale of the premises, and the premises (situated in Olmsted comity, Minnesota,) were sold on the 29th day of September, 1862, by Horace Loomis, the referee appointed to make such sale. The Plaintiff resided in Pennsylvania. The Plaintiff died on…
2Cases cited1 opinion
- People ex rel. Field v. TurnerCalifornia Supreme Court · 1850
3Cited by6 opinions
- Thomas v. RambergSupreme Court of Minnesota · 1953
- Fleming v. EllisonWisconsin Supreme Court · 1905
- Gerdtzen v. CockrellSupreme Court of Minnesota · 1893
- Ekeberg v. MackaySupreme Court of Minnesota · 1911
- Moller v. RobertsonSupreme Court of Minnesota · 1920
1 more not listed; retrieve them via the Exa API.