Babcock v. Cobb
Supreme Court of Minnesota
This suit was brought in the District Court for Olmsted county, by Delana Babcock, and Olive Crabbs and Francis D. Babcock, by their guardian ad Tótem, against.Ephraim. D. Cobb, to recover possession of one hundred and sixty acres of land in said county, and to remove an alleged cloud upon their title. The cause was tried by a referee.
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This suit was brought in the District Court for Olmsted county, by Delana Babcock, and Olive Crabbs and Francis D. Babcock, by their guardian ad Tótem, against.Ephraim. D. Cobb, to recover possession of one hundred and sixty acres of land in said county, and to remove an alleged cloud upon their title. The cause was tried by a referee. Upon the trial, certain testimony was offered on the part of the plaintiffs, and admitted under the objection of defendant, which is stated in the opinion of the Court. The material facts as found by the referee, are substantially as follows : Oliver S. Babcock…
1Opinion of the Court
By the Court
Berry, J.
The decision of this case depends upon the validity of an administrator’s sale of real estate. It appears that the license to sell was granted on the 31st day of December, 1859. At that time, the statute (section 8, p. 418 Pub. Stat.) required the administrator to give a bond prior to sale in certain cases. By an act passed March 10, 1860, section 8 was repealed, and the following enacted *353as section 13, of Chap. 38 of Pub. Stat: “Every executor, or administrator, licensed to sell real estate, shall, before such sale, give bond to the Judge of Probate, with sufficient…
2Cases cited1 opinion
- Sibley v. . WaffleNew York Court of Appeals · 1857
3Cited by9 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Denzer v. PrendergastSupreme Court of Minnesota · 1964
- Panuska v. Johnson (In re Johnson)Court of Appeals for the Eighth Circuit · 1989
- Brixius v. ReimringerSupreme Court of Minnesota · 1907
- In Re JohnsonCourt of Appeals for the Eighth Circuit · 1989
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