Wilson ex rel. Mitchell v. Erickson
Supreme Court of Minnesota
Action in the district court for Becker county to cancel a deed and mortgage to defendant M. Johnson and to have tbe sale of tbe premises to defendant Kivell inure to the benefit of plaintiff and bis estate. Defendants’ demurrer to tbe complaint on tbe grounds that the court bad no jurisdiction over tbe subject of tbe action and that tbe facts stated did not constitute a cause of action was sustained, Roeser, J., and tbe case certified to tbe supreme court.
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Action in the district court for Becker county to cancel a deed and mortgage to defendant M. Johnson and to have tbe sale of tbe premises to defendant Kivell inure to the benefit of plaintiff and bis estate. Defendants’ demurrer to tbe complaint on tbe grounds that the court bad no jurisdiction over tbe subject of tbe action and that tbe facts stated did not constitute a cause of action was sustained, Roeser, J., and tbe case certified to tbe supreme court. From tbe order sustaining tbe demurrer, plaintiff appealed.
1Opinion of the CourtDibell, J.
Tbe demurrer of tbe defendants to the complaint was sustained and *261the plaintiff appeals. The only question necessary-to discuss is whether the district court had jurisdiction of the cause of action.
The case made by the complaint is this: The defendant Erickson is the probate guardian of the. plaintiff Wilson, an incompetent, who brings suit by his guardian ad litem. Under license of the probate court he sold to the defendant Johnson land belonging to Wilson for $10,000, receiving $1,000 cash and a 6-per-cent purchase-money mortgage for 10 years for $9,000. It was then sold to the defendant…
2Cases cited15 opinions
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- State ex rel. Martin v. UelandSupreme Court of Minnesota · 1883
- Odenbreit v. UtheimSupreme Court of Minnesota · 1915
- State ex rel. Lindekugel v. Probate Court of Sibley CountySupreme Court of Minnesota · 1885
- Mousseau v. MousseauSupreme Court of Minnesota · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Guardianship of JacksonSupreme Court of Oklahoma · 1921
- Northwestern Trust Co. v. GetzNorth Dakota Supreme Court · 1936
- Leslie v. Minneapolis Society of Fine ArtsSupreme Court of Minnesota · 1977
- State Ex Rel. Nelson v. Probate CourtSupreme Court of Minnesota · 1937
- Jackson v. PorterSupreme Court of Oklahoma · 1921
11 more not listed; retrieve them via the Exa API.