Smith v. Brainerd
Supreme Court of Minnesota
Appeal by Alclis 0. Brainerd, intervenor, from an order of tbe district court for Otter Tail county, Baxter, J., presiding, sustaining a. demurrer to tbe complaint of intervention.
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Appeal by Alclis 0. Brainerd, intervenor, from an order of tbe district court for Otter Tail county, Baxter, J., presiding, sustaining a. demurrer to tbe complaint of intervention. The plaintiff brought this action to enforce a lien under a certain trust deed, the complaint setting out the following facts: On August. 8, 1883, the defendant Lawrence Brainerd, by deed of trust, sold and conveyed to the plaintiff certain lands in the counties of Grant, Clay, and Otter Tail, in trust for the St. Albans Trust Company, a corporation organized and existing under the laws of the state of Vermont, to…
1Opinion of the CourtMitchell, J.
Counsel have discussed various questions as to the extra-territorial effect of insolvency or bankruptcy proceedings, and as to whether the provisions of the insolvent law of Vermont will govern this case. It is wholly unnecessary to consider these questions, for the reason that, conceding all that the intervenor claims in that respect, and that the Vermont statute will control precisely as if the property were situated in that state, yet, upon all the facts stated in his complaint, he has no possible standing in court.
He relies first upon the provisions of that statute to the effect that a…
2Cases cited3 opinions
- Berry v. O'ConnorSupreme Court of Minnesota · 1884
- Cook v. FarringtonMassachusetts Supreme Judicial Court · 1870
- Smith v. DeidrickSupreme Court of Minnesota · 1882
3Cited by3 opinions
- Akers v. RowanSupreme Court of South Carolina · 1890
- Haugan v. SunwallSupreme Court of Minnesota · 1895
- Dow v. SutphinSupreme Court of Minnesota · 1891