Legal Opinion

Schaps v. Lehner

Supreme Court of Minnesota

Decided July 14, 1893PublishedCited by 8 opinions

Appeal by plaintiffs, Peter J. Schaps and Theresia, his wife, from three several judgments of the District Court of Stearns County, D. B. Searle, J., entered August 18, 1892. In the spring of 1888 the plaintiff, Peter J. Schaps, owned an old flouring mill at Albany in Stearns County. He was insane, and at the Hospital in St. Peter.

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Appeal by plaintiffs, Peter J. Schaps and Theresia, his wife, from three several judgments of the District Court of Stearns County, D. B. Searle, J., entered August 18, 1892. In the spring of 1888 the plaintiff, Peter J. Schaps, owned an old flouring mill at Albany in Stearns County. He was insane, and at the Hospital in St. Peter. His wife agreed orally with the defendant, Joseph Lehner, that he should advance part of the money to procure new machinery and repair the mill, and have a deed for one undivided eighth of it. She made a like oral agreement with John G-. Kulzer that he should also…

1Opinion of the CourtMitchell, J.

These actions were brought to set aside certain conveyances, which it was alleged that the defendants had severally obtained from the plaintiff without consideration, by fraud and duress, while he was insane, and incapable of transacting business. It appears the plaintiff was the owner of a flouring mill, which required to be repaired or “rebuilt.” In the spring of 1888 he was committed to the hospital for the insane at St. Peter, presumably under the provisions of 1878 G. S. ch. 35, § 21; and about the same time his wife was appointed guardian of his estate, presumably under the provisions…

2Cases cited1 opinion

  1. Knox v. HaugSupreme Court of Minnesota · 1892

3Cited by8 opinions

  1. Schultz v. OldenburgSupreme Court of Minnesota · 1938
  2. Morris v. Great Northern Railway Co.Supreme Court of Minnesota · 1896
  3. Scott v. HaySupreme Court of Minnesota · 1903
  4. Youn v. LamontSupreme Court of Minnesota · 1894
  5. Czyrson v. Roseau County National BankSupreme Court of Minnesota · 1927

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