Legal Opinion

Persons v. Persons

Court of Appeals for the Eighth Circuit

Decided November 12, 1900No. 1,363PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the District of Minnesota. Tliomas Persons, now dead, was the father of the parlies to lliis suit. Prior to his death he was the holder and owner of a note and mortgage for $1,800, executed by one Harvey E. Keene and wife. In 1892 he gave to his son Phineas P. Persons a general power of attorney to act for him concerning all the properly and business he might have in the states of Minnesota and North Dakota.

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In Error to the Circuit Court of the United States for the District of Minnesota. Tliomas Persons, now dead, was the father of the parlies to lliis suit. Prior to his death he was the holder and owner of a note and mortgage for $1,800, executed by one Harvey E. Keene and wife. In 1892 he gave to his son Phineas P. Persons a general power of attorney to act for him concerning all the properly and business he might have in the states of Minnesota and North Dakota. In 1897, Thomas, the father, assigned the mortgage in question by a written bill of sale to his son Simon E. Persons. The complaint…

1Opinion of the CourtCaldwell, Circuit Judge

This case confirms the truth of Solomon’s proverb, “A brother offended is harder to be won than a strong city, and their contentions ! are-like the bars of a castle.” But two errors are assigned, and 'duly one of them requires any consideration, and that was an objection to the introduction of the bill of sale in evidence, and is in these words: “Objected to as incompetent, irrelevant, and immaterial, and for the reason that on its face it does not describe anything, and for the further reason that it appears that the same was not recorded until subsequent to the death of Thomas Persons, and,…

2Cited by1 opinion

  1. Persons v. SmithNorth Dakota Supreme Court · 1903

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