McMillan v. Cheeney
Supreme Court of Minnesota
Action to determine adverse claims, brought by plaintiff in the district court for Hennepin county, in 1882. Defendants, in their answer, set up, as a cause of action, fraud on the part of the plaintiff, in obtaining a’conveyance of the property in question, in 1871, from their mother, who died in 1878, and whose heirs they are. In his reply, the plaintiff pleaded the statute of limitations to the defendants’ cause of action.
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Action to determine adverse claims, brought by plaintiff in the district court for Hennepin county, in 1882. Defendants, in their answer, set up, as a cause of action, fraud on the part of the plaintiff, in obtaining a’conveyance of the property in question, in 1871, from their mother, who died in 1878, and whose heirs they are. In his reply, the plaintiff pleaded the statute of limitations to the defendants’ cause of action. On plaintiff’s motion, judgment in his favor on the pleadings was ordered by Shaw, J., and defendants appeal from the-judgment so entered. The main question in this case…
1Opinion of the CourtBerry, J.
This is the statutory action to determine an adverse claim. The position of defendants, as appears by their answer and admissions upon the trial, is, in substance, this: They admit that the legal title of the property in dispute is in plaintiff, and that he is in possession. But they allege that they are the children and heirs-at-law of Sarah Cheeney, who, by intermarriage with plaintiff, became Sarah McMillan; that she being the owner of the property at the time of such marriage, (the same having been given to her by defendants,) plaintiff, with intent and for the purpose of cheating and…
2Cases cited2 opinions
- Boyd v. BlankmanCalifornia Supreme Court · 1865
- McMurphy v. WalkerSupreme Court of Minnesota · 1874
3Cited by13 opinions
- Finn v. Alliance BankSupreme Court of Minnesota · 2015
- Farmers Feed Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- State v. TupaSupreme Court of Minnesota · 1935
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