Pick v. Strong
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Stearns county, McKelvy, J., presiding. cited, upon the point that the letters of administration were not prima facie evidence of death, Moons v. De Barnalles, 1 Russell, 272; Clayton v. Graham, 10 Ves. 288; Leach v. Leach, 8 Jurist, 211; Carroll v. Carroll, 60 N. Y. 121; Thompson v. Donaldson, 3 Espinasse, 63; 2 Phillips Ev. 93; 2 Wharton Ev. 812, 1278; that the recitals in the letters were not evidence for any…
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Appeal by plaintiff from a judgment of the district court for Stearns county, McKelvy, J., presiding. cited, upon the point that the letters of administration were not prima facie evidence of death, Moons v. De Barnalles, 1 Russell, 272; Clayton v. Graham, 10 Ves. 288; Leach v. Leach, 8 Jurist, 211; Carroll v. Carroll, 60 N. Y. 121; Thompson v. Donaldson, 3 Espinasse, 63; 2 Phillips Ev. 93; 2 Wharton Ev. 812, 1278; that the recitals in the letters were not evidence for any purpose, Jackson v. Randall, 5 Cowen, 168; Jackson v. Dewitt, 6 Cowen, 316; Tallman v. White, 2 N. Y. 66; Erickson v.…
1Opinion of the CourtGileillan, C. J.
Action to enjoin the foreclosure, by advertisement, of a mortgage upon real estate, attempted by defendant, as administrator of the estate of Baltes, the mortgagee. No question is made as to the existence of the mortgage. It is claimed, only that the defendant has no right to-foreclose it. Of course, to prevail, the plaintiff must show that defendant has not that right.
The complaint alleges various facts from which it is claimed defendant has no right to foreclose. These aré: That no-notice of the proceedings to foreclose had been served on plaintiff; that more than ten years since the…
2Cases cited2 opinions
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Moreland v. LawrenceSupreme Court of Minnesota · 1876
3Cited by18 opinions
- Davis v. HudsonSupreme Court of Minnesota · 1881
- Hanson v. NygaardSupreme Court of Minnesota · 1908
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
- Blackman v. MulhallSouth Dakota Supreme Court · 1905
- Johnson v. ArmstrongUtah Supreme Court · 1907
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