Cain v. McGeenty
Supreme Court of Minnesota
On August 22, 1868, John McGeenty, defendants’ father, was appointed by the probate court of Hennepin county administrator of the estate of Bernard Cain, plaintiff’s father, who died seized in fee of certain land in that county.
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On August 22, 1868, John McGeenty, defendants’ father, was appointed by the probate court of Hennepin county administrator of the estate of Bernard Cain, plaintiff’s father, who died seized in fee of certain land in that county. On November 6, 1869, the administrator applied for license to sell the land, and on December 24, 1869, after due notice and hearing, the license was granted; and on March 19, 1870, after due notice, the administrator sold the land, in the manner directed by the probate court, to Patrick McGeenty, his son, and on March 24,1870, he reported the sale to the probate…
1Opinion of the CourtGileillan, C. J.
We might have been better satisfied with the result below had the decision been in favor of the plaintiff; for although, upon the essential issues of fact, the evidence in favor of the defendants was direct and positive, the circumstances in the case were such as to east serious suspicion upon that evidence, — suspicion that would have justified the court in finding that the administrator’s sale was fraudulent, and the purchase at it, ostensibly made by Patrick Mc-Geenty for himself, was in fact made for and in the interest of the administrator. The court below, however, gave credit to the…
2Cited by11 opinions
- Wilson ex rel. Mitchell v. EricksonSupreme Court of Minnesota · 1920
- Culbertson v. McCannSupreme Court of Oklahoma · 1983
- Bopst v. WilliamsSupreme Court of Missouri · 1921
- Thompson v. ThompsonSupreme Court of Georgia · 1924
- In Re Equitable Office Bldg. CorporationDistrict Court, S.D. New York · 1949
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