Legal Opinion

Kelly v. Byers

Supreme Court of Minnesota

Decided October 27, 1911No. Nos. 17,252—(123)PublishedCited by 5 opinions

Action in the district court for Renville county to determine the adverse claim of defendants that a certain judgment owned by them was a lien upon the real estate described in the complaint. The case was tried upon stipulated facts before Powers, J., who ordered judgment in favor of plaintiff. Prom an order denying defendants’ motion for a new trial, they appealed.

1Per curiam

Action to have a judgment declared not a lien on certain real' estate located in Renville county. The premises belonged to Thomas Kelly, who died in 1897. The will was probated and recorded in the office of the probate court in Renville county in that year. W. J. Kelly became the owner of an interest in the premises as devisee under the will, and on April 9, 1901, he deeded his interest in the premises to James R. Green, which deed was recorded in Renville county on November 9, 1901. W. J. Kelly was a resident of the city of Chicago, and on October 15, 1901, defendants commenced an action…

2Cases cited2 opinions

  1. Coles v. BerryhillSupreme Court of Minnesota · 1887
  2. Lyman v. Gaar, Scott & Co.Supreme Court of Minnesota · 1899

3Cited by5 opinions

  1. Emerson-Brantingham Implement Co. v. CookSupreme Court of Minnesota · 1925
  2. McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
  3. Scott v. Marquette National BankSupreme Court of Minnesota · 1927
  4. Butterwick v. Fuller & Johnson Manufacturing Co.Supreme Court of Minnesota · 1918
  5. Friezen v. ByersSupreme Court of Minnesota · 1911

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