Keith v. Mellenthin
Supreme Court of Minnesota
Separate actions for partition in the district court for Lyon county. The cases were tried together before Webber, J., who found in favor of plaintiff. From separate judgments entered pursuant to the findings, defendants severally appealed. If immediately after her divorce from Wesley' Keith plaintiff had commenced this action against Lewis Keith he could have set up his judgment against Wesley Keith as a bar to plaintiff’s recovery.
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Separate actions for partition in the district court for Lyon county. The cases were tried together before Webber, J., who found in favor of plaintiff. From separate judgments entered pursuant to the findings, defendants severally appealed. If immediately after her divorce from Wesley' Keith plaintiff had commenced this action against Lewis Keith he could have set up his judgment against Wesley Keith as a bar to plaintiff’s recovery. Whatever title and equities Lewis Keith ever had in this land passed to these defendants by his warranty deeds to them. So that these defendants, as grantees of…
1Opinion of the Court
START, O. J.
Actions for partition of real estate in the county of Lyon, this state. They were heard as one case, and the facts in each, as found by the trial court, are substantially the following: On June 11, 1891, Wesley Keith was the owner of the lands involved herein. ’ He was then a married man, and the plaintiff was his wife. On that day he purported to convey the lands by warranty deed to Lewis Keith and Luther Keith; but the plaintiff did not join in such deed or consent thereto. On July 12, 1892, Lewis Keith recovered and docketed a judgment for the sum of $9,145.82 in the district…
2Cases cited4 opinions
- Bell v. MendenhallSupreme Court of Minnesota · 1899
- Bell v. MendenhallSupreme Court of Minnesota · 1898
- Holmes v. HolmesSupreme Court of Minnesota · 1893
- Johnson v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1898
3Cited by3 opinions
- Glaser v. KaiserSupreme Court of Minnesota · 1908
- Sodini v. SodiniSupreme Court of Minnesota · 1905
- Keith v. KeithSupreme Court of Minnesota · 1910