State ex rel. Prendergast v. Probate Court
Supreme Court of Minnesota
The relators are the purchasers and grantees of purchasers at the sale of certain real estate sold under order of sale of the probate court of Ramsey county, by the executor of John Spencer, deceased, and they seek in this proceeding to prevent the said court, by writ of prohibition, from setting aside the order of sale, and the proceedings thereunder, and confirmation of sale, and from entertaining an application for that purpose.
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The relators are the purchasers and grantees of purchasers at the sale of certain real estate sold under order of sale of the probate court of Ramsey county, by the executor of John Spencer, deceased, and they seek in this proceeding to prevent the said court, by writ of prohibition, from setting aside the order of sale, and the proceedings thereunder, and confirmation of sale, and from entertaining an application for that purpose. The facts appear fully in the opinion of the court.
1Opinion of the Court
By the Court.
Ripley, Ch. J.
This writ alleges that in Nov. 1859, John Spencer died seized of the real estate in question ; that by his will, duly proved and allowed in said probate court on Jan. 5th, 1860, John B. Spencer was appointed'executor, and letters testamentary were issued- to him; that on the 6th Jan., 1862, said executor duly presented and filed in said court, in due form of law, his petition for license to sell the real estate of said testator to pay the debts and charges of administering the estate; that such due proceedings were had thereon, that on the 27th Feb. 1862, an order…
2Cases cited3 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Atkins v. KinnanNew York Supreme Court · 1838
- Home Insurance v. FlintSupreme Court of Minnesota · 1868
3Cited by5 opinions
- Andrada v. KelseyCalifornia Supreme Court · 1902
- Smalley v. IsaacsonSupreme Court of Minnesota · 1889
- Hanson v. IngwaldsonSupreme Court of Minnesota · 1899
- City of Hallettsville v. LongCourt of Appeals of Texas · 1895
- Heintz v. WilhelmSupreme Court of Minnesota · 1922