Kresin v. Mau
Supreme Court of Minnesota
This action was brought in the district court for Carver county, to determine an adverse claim of the defendant upon certain real estate. (See diagram in the opinion of the court.) The plaintiff owned and cultivated the land described in the diagram as the “ E \ of S. W. J of section 32, ” but never resided thereon, and upon which there has never been a building of any description.
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This action was brought in the district court for Carver county, to determine an adverse claim of the defendant upon certain real estate. (See diagram in the opinion of the court.) The plaintiff owned and cultivated the land described in the diagram as the “ E \ of S. W. J of section 32, ” but never resided thereon, and upon which there has never been a building of any description. Plaintiff’s dwelling house is upon the “ 8. W. J- of N. W. J of section 33, ” which he owned and occupied. The first described parcel of land was levied upon and sold upon execution, and the defendant purchased the…
1Opinion of the Court
Berry J.
By the Court. The plaintiff is owner in fee of the east fourth of the south-east quarter of section 32, T. 116, R. 25, and has a portion of the same under cultivation. He has never resided on said tract, nor at any time had any dwelling of other building thereon, but resides upon the south-west quarter of the north-west quarter of section thirty-three, in said town and range. The relative position of the two parcels is shown by the following diagram :
The only question in the case is, whether the plaintiff is entitled to claim the tract first described as a homestead exempt from sale…
2Cases cited2 opinions
- Kelly v. BakerSupreme Court of Minnesota · 1865
- Bunker v. LockeWisconsin Supreme Court · 1862
3Cited by12 opinions
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- Kelly v. DillSupreme Court of Minnesota · 1877
- Randal v. ElderSupreme Court of Kansas · 1873
- Anvil Hydraulic & Drainage Co. v. CodeCourt of Appeals for the Ninth Circuit · 1910
- Griffin v. Denison Land Co.North Dakota Supreme Court · 1908
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