Legal Opinion

Seager v. Armstrong

Supreme Court of Minnesota

Decided July 14, 1905No. Nos. 14,329—(156)PublishedCited by 7 opinions

Action in the district court for Watonwan county by plaintiffs as trustees of the estate of Moses K. Armstrong, bankrupt, to charge certain land in possession of defendant with a lien in plaintiffs’ favor to the extent of moneys alleged to have been expended thereon by the bankrupt, and to foreclose such lien. The case was tried before Quinn, J., sitting for the judge of the Sixth judicial district, who found in favor of defendant.

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Action in the district court for Watonwan county by plaintiffs as trustees of the estate of Moses K. Armstrong, bankrupt, to charge certain land in possession of defendant with a lien in plaintiffs’ favor to the extent of moneys alleged to have been expended thereon by the bankrupt, and to foreclose such lien. The case was tried before Quinn, J., sitting for the judge of the Sixth judicial district, who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed.

1Opinion of the CourtLewis, J.

It appears from the complaint that Moses K. Armstrong was engaged in the banking business at St. James, Minnesota, for about twenty j^ears, until 1903, when he was adjudged a bankrupt. During 1898-certain lots located in St. James, and belonging to defendant, wife of Armstrong, were improved by building thereon a hotel with money furnished by him, and this action is brought by the trustees in bankruptcy for the purpose of securing a specific lien upon the property to the amount of the money so furnished. At the opening of the trial, defendant objected to the introduction of any testimony, for…

2Cases cited5 opinions

  1. Mueller v. BrussWisconsin Supreme Court · 1901
  2. Deland v. Miller & Cheney BankSupreme Court of Iowa · 1903
  3. Morrill v. KilnerIllinois Supreme Court · 1885
  4. Fullington v. Northwestern Importers' & Breeders' Ass'nSupreme Court of Minnesota · 1892
  5. Roney v. ConableSupreme Court of Iowa · 1904

3Cited by7 opinions

  1. Kies v. WilkinsonWashington Supreme Court · 1918
  2. Williams v. KemperSupreme Court of Minnesota · 1906
  3. Flynn v. FlynnIdaho Supreme Court · 1909
  4. Crowley v. BrowerSupreme Court of Iowa · 1926
  5. Flint v. ChaloupkaNebraska Supreme Court · 1908

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