Howe v. Spalding
Supreme Court of Minnesota
Appeal by defendant, Jennie E. Pugsley by W. E. Gaston, her guardian ad litem, from a judgment of the District Court of St. Louis County, Ensign, J., entered June 23, 1891. George C. Howe and Philip M. Graff, plaintiffs, brought this action against Jennie E. Pugsley, Nehemiah Hulett, William W. Spalding and others, defendants, for the partition between them of the northeast quarter and the southwest quarter of section eight, (8,) T. 51, E. 12, in St. Louis county.
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Appeal by defendant, Jennie E. Pugsley by W. E. Gaston, her guardian ad litem, from a judgment of the District Court of St. Louis County, Ensign, J., entered June 23, 1891. George C. Howe and Philip M. Graff, plaintiffs, brought this action against Jennie E. Pugsley, Nehemiah Hulett, William W. Spalding and others, defendants, for the partition between them of the northeast quarter and the southwest quarter of section eight, (8,) T. 51, E. 12, in St. Louis county. Plaintiffs owned an undivided half of the land. The defendant Jennie ,E. Pugsley was a minor. She claimed that her father, John…
1Opinion of the CourtVandebbuRGh, J.
In respect to the adjustment of the rights of codefendants in an action as between themselves, it was the practice in courts of equity, independently of statutory provisions, to make a decree between codefendants according to the justice and equity of the case, founded upon the pleadings and proofs between the complainant and such defendants. It was also held competent for the court to make a decree between codefendants for contribution or a decree over founded upon facts stated in the bill, and clearly established on the trial, upon the issues as framed. Jones v. Grant, 10 Paige, 350. Our…
2Cases cited1 opinion
- Kay v. . WhittakerNew York Court of Appeals · 1871
3Cited by4 opinions
- Panton v. Duluth Gas & Water Co.Supreme Court of Minnesota · 1892
- American Exchange Bank v. DavidsonSupreme Court of Minnesota · 1897
- Missouri, K. & T. Ry. Co. v. PachecoCourt of Appeals of Texas · 1916
- Richardson v. McLaughlinSupreme Court of Minnesota · 1893