Kells v. Nelson-Tenney Lumber Co.
Supreme Court of Minnesota
Lucas Kells, as assignee of N. P. Clarke & Co., insolvents, offered at public auction certain pine lands belonging to the insolvent estate. There being no bids received, he negotiated a sale thereof for $36,500 to the Brainerd Lumber Company, subject to the approval of the court.
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Lucas Kells, as assignee of N. P. Clarke & Co., insolvents, offered at public auction certain pine lands belonging to the insolvent estate. There being no bids received, he negotiated a sale thereof for $36,500 to the Brainerd Lumber Company, subject to the approval of the court. Upon applying to the district court for Steams county for an order confirming the sale, certain creditors of the insolvents filed a protest against the confirmation of such sale on the ground that another bidder had made an offer of $38,000, and asked for an order confirming a sale to the latter bidder. The court,…
1Opinion of the CourtStart, C. J.
The assignee herein entered into a written contract with the Brainerd Lumber Company, whereby he sold to.it, subject to confirmation by the court, certain pine land belonging to the trust estate. He made a written report thereof, to which was attached a copy of the contract, to the court, which made an order that creditors show cause why the sale should not be confirmed. The appellant appeared, and opposed the confirmation; but the court made its order confirming the sale, from which the appellant appealed, serving the notice thereof on the assignee, but not upon the purchaser. This is a…
2Cases cited7 opinions
- Senter v. De BernalCalifornia Supreme Court · 1869
- Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Oswald v. St. Paul Globe Publishing Co.Supreme Court of Minnesota · 1895
- Frost v. St. Paul Banking & Investment Co.Supreme Court of Minnesota · 1894
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- State Ex Rel. Spurck v. Civil Service BoardSupreme Court of Minnesota · 1948
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- Peterson v. Joint Independent Consolidated School District No. 116Supreme Court of Minnesota · 1953
- Breen v. CameronSupreme Court of Minnesota · 1916
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