Legal Opinion

Keith v. Keith

Supreme Court of Minnesota

Decided August 26, 1910No. Nos. 16,709—(229)Published

Action in the district court for Lyon county in behalf of plaintiff and all other creditors entitled to become parties to the action, to have defendant apply toward the payment of plaintiff’s judgment against Wesley Keith dated July 12, 1892, the real estate awarded to defendant in the partition proceedings mentioned in the opinion, to sell the property and apply the proceeds toward the payment of the judgment, to enjoin defendant from selling or encumbering or ■otherwise…

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Action in the district court for Lyon county in behalf of plaintiff and all other creditors entitled to become parties to the action, to have defendant apply toward the payment of plaintiff’s judgment against Wesley Keith dated July 12, 1892, the real estate awarded to defendant in the partition proceedings mentioned in the opinion, to sell the property and apply the proceeds toward the payment of the judgment, to enjoin defendant from selling or encumbering or ■otherwise disposing of the property. Defendant answered and M. E. Mathews intervened and answered the complaint. The plaintiff…

1Opinion of the CourtO’Brien, J.

Appeal from an order sustaining a demurrer to a supplemental answer.

Prior to January 31, 1893, Wesley and Emma J. Keith were hus*184band and wife. On June 11, 1891, the husband, without being joined by his wife, conveyed all of his real estate to Lewis Keith and Luther Keith; Lewis was Wesley’s father. Luther in turn conveyed all of his interest to Lewis, who subsequently conveyed separate portions, amounting in the aggregate to all of the land, to other persons. On July 12, 1892, Lewis Keith obtained judgment against his son Wesley for a large sum. On January 31, 1893, a decree of divorce from…

2Cases cited4 opinions

  1. Wadsworth v. SchisselbauerSupreme Court of Minnesota · 1884
  2. Moffatt v. TuttleSupreme Court of Minnesota · 1886
  3. Branton v. McLaughlinSupreme Court of Minnesota · 1909
  4. Keith v. MellenthinSupreme Court of Minnesota · 1904

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