Butterwick v. Fuller & Johnson Manufacturing Co.
Supreme Court of Minnesota
Action in the district court for Yellow Medicine county to determine adverse claims to certain real property. The answer set up the execution sale mentioned in the fourth paragraph of the opinion and prayed that the sale be confirmed by the court and that the judgment under which it was made be decreed to be lien superior to the rights of plaintiff. The case was tried before Daly, J., who made findings and ordered judgment in favor of plaintiff.
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Action in the district court for Yellow Medicine county to determine adverse claims to certain real property. The answer set up the execution sale mentioned in the fourth paragraph of the opinion and prayed that the sale be confirmed by the court and that the judgment under which it was made be decreed to be lien superior to the rights of plaintiff. The case was tried before Daly, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtBrown, C. J.
Action to determine adverse claims to certain real property in which plaintiff had judgment and defendant appealed from an order denying a new trial.
The property in controversy is an undivided interest in and to a half section of farm land in Yellow Medicine county, this state, formerly owned by A. Butterwick. Butterwick died in October, 1911, leaving a last will and testament by which he gave and devised the land and the whole thereof in equal undivided shares to his five children, four sons and one daughter, all of whom at the date of testator’s death had grown to maturity. Isaiah…
2Cases cited10 opinions
- Niles v. CooperSupreme Court of Minnesota · 1906
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- Teal v. Scandinavian-American BankSupreme Court of Minnesota · 1911
- Parret v. ShaubhutSupreme Court of Minnesota · 1861
- Dutton v. McReynoldsSupreme Court of Minnesota · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gaines v. Van DemarkMontana Supreme Court · 1937
- Emerson-Brantingham Implement Co. v. CookSupreme Court of Minnesota · 1925
- McKenzie County v. CasadyNorth Dakota Supreme Court · 1927
- Watts v. LundeenSupreme Court of Minnesota · 1925
- Thompson v. First National BankSupreme Court of Minnesota · 1930