Jelinek v. Stepan
Supreme Court of Minnesota
Plaintiffs, the widow and minor heirs of Matthias Jelinek, deceased, brought this action in the district court for Scott county, to determine defendant’s adverse claim to lands in that county. The defendant answered, claiming a lien by virtue of the deed mentioned in the findings of the court, and praying judgment for foreclosure.
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Plaintiffs, the widow and minor heirs of Matthias Jelinek, deceased, brought this action in the district court for Scott county, to determine defendant’s adverse claim to lands in that county. The defendant answered, claiming a lien by virtue of the deed mentioned in the findings of the court, and praying judgment for foreclosure. The action was tried by Edson, J., who found these facts: On April 6, 1882, Anna Jelinek, wife of Matthias, owned the land in fee, and resided on it with her husband, and on that day (her husband joining) conveyed.it to Jacob Jelinek, to enable Matthias to raise…
1Opinion of the CourtCollins, J.
The facts in this case are simple, and as to those which seem material for its determination there exists no dispute.
1. The premises in controversy, held in trust, as defendant well knew, by Jacob Jelinek, for the use and benefit of his brother, Matthias, who had for several years occupied them as his residence, were, in part, at least, the homestead of the latter on the 23d day of April, 1884, the day on which Jacob deeded the same to defendant at the request of Matthias and as security for the payment of such sums of money as defendant might thereafter advance to discharge and release the…
2Cases cited4 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Ferguson v. KumlerSupreme Court of Minnesota · 1878
- Smith v. LackorSupreme Court of Minnesota · 1877