Keyser v. Hage
Supreme Court of Minnesota
Action in the district court for Brown .county for the partition of certain real property, and for a sale thereof in case partition could not be made without great prejudice to the owners. The case was tried beiore Clague, J., who made findings and ordered that the land be sold. From the judglnent entered pursuant to the order for judgment, Emil G. Hage and Dora M. Hage appealed.
1Opinion of the CourtDibeel, J.
This is an action for partition. The court found that the lands were *448so situated that partition thereof could not be had without great prejudice to the owners and that a sale should be had, and adjudged accordingly. The defendants Einil G. Hage and his wife appeal.
The question is whether the partition should be in kind or by sale. Many years ago the plaintiff Eloyd Keyser and the defendant Emil G. Hage purchased the land involved on contract and they are the equitable owners of it. There becomes due on December 1, 1919, $19,000 of the unpaid purchase price, with one year’s interest. The…
2Cases cited2 opinions
- Prohl v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1918
- Hoerr v. HoerrSupreme Court of Minnesota · 1917
3Cited by5 opinions
- Swogger v. TaylorSupreme Court of Minnesota · 1955
- Schoonmaker v. St. Paul Title & Trust Co.Supreme Court of Minnesota · 1922
- Pigeon River Lumber Co. v. McDougallSupreme Court of Minnesota · 1926
- Smith v. WrightSupreme Court of Minnesota · 1935
- Burke v. BurkeSupreme Court of Minnesota · 1941