Legal Opinion

Byrnes v. Sexton

Supreme Court of Minnesota

Decided August 6, 1895No. Nos. 9316-(168)PublishedCited by 7 opinions

Action in the district court for Hennepin county. The case was tried before Hicks, J., who ordered judgment in favor of plaintiff Annie M. Filiatraut, and against the other plaintiffs. From an order denying a motion for a new trial the other plaintiffs appealed.

1Opinion of the Court

COLLINS, J.2

Action in partition, brought by one of the plaintiffs as the widow, formerly, of one Byrnes, deceased, and by the others as his heirs at law, plaintiffs claiming to be the owners in their respective undivided rights of an undivided one-tenth of the premises in question. The defendants’ title to this one-tenth depends wholly upon the validity of an execution sale made upon a judgment in which said Byrnes was the debtor and one Harriet Lamb the creditor. The court below ordered judgment upon the facts found in favor of the first-named plaintiff as to her share and •against the heirs…

2Cases cited2 opinions

  1. Bower v. HolladayOregon Supreme Court · 1889
  2. Fowler v. MickleySupreme Court of Minnesota · 1888

3Cited by7 opinions

  1. Hardenbergh v. CommissionerUnited States Tax Court · 1951
  2. Schunk v. HotchkissSupreme Court of Minnesota · 1950
  3. Griswold v. McGeeSupreme Court of Minnesota · 1907
  4. In Re Estate of CareySupreme Court of Minnesota · 1935
  5. Carey v. BrownSupreme Court of Minnesota · 1935

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