Legal Opinion

Smith v. Barr

Supreme Court of Minnesota

Decided June 9, 1899No. Nos. 11,640—(148)PublishedCited by 16 opinions

Action in the district court for Blue Earth county praying that an administrator’s sale of the interest of one Penfield A. Foster, deceased, in certain lands he declared null and void, that defendants Hubbard and Palmer, the purchasers thereof, be required to reconvey all interest in said lands not disposed of- by them, and that they be required to account for the proceeds of all interest in said lands of which they had disposed.

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Action in the district court for Blue Earth county praying that an administrator’s sale of the interest of one Penfield A. Foster, deceased, in certain lands he declared null and void, that defendants Hubbard and Palmer, the purchasers thereof, be required to reconvey all interest in said lands not disposed of- by them, and that they be required to account for the proceeds of all interest in said lands of which they had disposed. A motion was made by defendants to dismiss the action on the ground that the lands were not situated in Blue Earth county, and that hence the court had no…

1Opinion of the Court

MITCHELL, .T.1

The only question presented by this appeal is whether the district court for Blue Earth county had jurisdiction of the action.

*515The allegations of the complaint may be summarized as follows: One Foster died intestate, owning an equitable estate and interest in over 7,000 acres of land situated in various counties in this state, but none of it in Blue Earth county. The nature and source of this interest was as follows: One Rawson held and owned certificates of sale of the land, executed by the commissioner of the state land -office, entitling him to patents therefor upon payment of…

2Cases cited1 opinion

  1. Kretzschmar v. MeehanSupreme Court of Minnesota · 1898

3Cited by16 opinions

  1. State Ex Rel. Nyquist v. District Court of Swift CountySupreme Court of Minnesota · 1925
  2. State ex rel. Barrett v. District CourtSupreme Court of Minnesota · 1905
  3. State ex rel. Child v. District Court of Chippewa CountySupreme Court of Minnesota · 1902
  4. State ex rel. D. S. B. Johnston Land Co. v. District CourtSupreme Court of Minnesota · 1917
  5. In Re Estate of DavidsonSupreme Court of Minnesota · 1926

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