Legal Opinion

Miller v. Hoberg

Supreme Court of Minnesota

Decided October 20, 1875PublishedCited by 9 opinions

Appeal by defendant from an order of tbe district court for Nicollet county, Hariscóme, J., presiding, overruling a demurrer to tbe complaint.

1Opinion of the CourtGtleillan, C. J.

In ejectment. Tbe complaint alleges tbe death of tbe intestate, August 17, 1870, tbe appointment of plaintiff as administrator, September 3, 1874, and bis qualifying as such; that on and before said August 17, 1870, tbe intestate was owner in fee and in possession of tbe real estate ; tbe entry upon tbe land by defendant; that she wrongfully and unlawfully withholds tbe same from tbe estate and the plaintiff as administrator, “ who (tbe complaint states) is entitled to the possession of tbe same as administrator,” and that be has demanded possession.

Tbe demurrer to tbe complaint is upon tbe…

2Cases cited1 opinion

  1. Armstrong v. HindsSupreme Court of Minnesota · 1863

3Cited by9 opinions

  1. Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
  2. In Re Gentry's EstateSupreme Court of Oklahoma · 1932
  3. Clark v. BundyOregon Supreme Court · 1896
  4. Dundas v. CarsonNebraska Supreme Court · 1889
  5. Lamoreaux v. HigginsSupreme Court of Minnesota · 1927

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