Culver v. Hardenbergh
Supreme Court of Minnesota
The plaintiff, claiming to be the owner of an undivided one-twelfth of certain land in Eamsey county, brought this action in the district court for that county, to determine the adverse claims of the defendant thereto. The action was tried before Simons, J., without a jury, and judgment directed for plaintiff. Defendant appeals from an order refusing a new trial. The probate court had no jurisdiction to appoint Hoyt an administrator, and he never became such administrator.
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The plaintiff, claiming to be the owner of an undivided one-twelfth of certain land in Eamsey county, brought this action in the district court for that county, to determine the adverse claims of the defendant thereto. The action was tried before Simons, J., without a jury, and judgment directed for plaintiff. Defendant appeals from an order refusing a new trial. The probate court had no jurisdiction to appoint Hoyt an administrator, and he never became such administrator. Rhode Island v. Mass., 12 Pet. 657; Mousseau’s Will, 30 Minn. 202; Griffiths. Wright, 18 Ga. 173; Roderigas v. East River…
1Opinion of the Court
Gileillan, C. J.1
Action to determine adverse claims to real es*227tate. Plaintiff claims as devisee under tbe will of George Culver; defendant, under an alleged sale by the administrator of the estate of Culver. Culver died March 13, 1879, leaving a will, in which he nominated George L. Otis and this plaintiff executor and executrix thereof. The will was duly admitted to probate in the probate court of Ramsey county, April 23,1879, and, the persons nominated by the will having declined to serve, that court appointed Horace P. Rugg and Robert A. Smith administrators with the will annexed, and…
2Cases cited9 opinions
- Cornett v. WilliamsSupreme Court of the United States · 1874
- Florentine v. BartonSupreme Court of the United States · 1865
- Landford v. DunklinSupreme Court of Alabama · 1882
- State ex rel. Martin v. UelandSupreme Court of Minnesota · 1883
- Davis v. HudsonSupreme Court of Minnesota · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Hanson v. NygaardSupreme Court of Minnesota · 1908
- Wood v. RoachCalifornia Court of Appeal · 1932
- Bombolis v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914
31 more not listed; retrieve them via the Exa API.