In re Smith's Estate
Supreme Court of Minnesota
Appeal by Mari Louise Smith, from an order of the District Court of Brown County, Webber, J., made September 26, 1891, affirming the order of the Probate Court of said County, made April 20, 1891, denying her petition. Johann Jacob Smith died testate in Brown County on February 15, 1891. At the time of his death he was the owner of “Out lot No. 469,” containing about four acres of land, in the city of New Ulm.
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Appeal by Mari Louise Smith, from an order of the District Court of Brown County, Webber, J., made September 26, 1891, affirming the order of the Probate Court of said County, made April 20, 1891, denying her petition. Johann Jacob Smith died testate in Brown County on February 15, 1891. At the time of his death he was the owner of “Out lot No. 469,” containing about four acres of land, in the city of New Ulm. This lot was and had been occupied for more than five years, as the homestead of deceased. Mari Louise Smith, the widow of deceased, petitioned the Probate Court of Brown County, to…
1Opinion of the CourtMitchell, J.
This case illustrates the embarrassments that are liable to arise in construing the very crude provisions of our homestead exemption law.
The map and stipulation of facts contained in the settled case fully explains the situation. Some time prior to 1858 the German Land Association acquired title to some 5,000 acres of land where the city of New Ulm is now situated. The association, executed and filed a plat of the land on which the central part of the tract was laid out into city or village blocks and lots of the ordinary size, each block being surrounded by streets and subdivided into lots,…
2Cited by16 opinions
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- National Bank of Republic of New York v. BanholzerSupreme Court of Minnesota · 1897
- State ex rel. Chase v. Minnesota Tax CommissionSupreme Court of Minnesota · 1916
- Baumann v. Chaska Building Center, Inc.Court of Appeals of Minnesota · 2001
- Commerce Trust Co. v. H. G. BlakelySupreme Court of Missouri · 1918
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