Anderson v. Peterson
Supreme Court of Minnesota
Action for partition, brought in the district court for Nobles county. Both parties derive title from the three children and heirs-at-law of Hamilton McCollom, deceased, defendant claiming one-half, under a deed made June 8, 1883, by Henry, one of the children, and the plaintiffs claiming two-thirds, under deeds made in December, 1883, by Hannah M. and Hamilton, the other two children.
Read the full summary
Action for partition, brought in the district court for Nobles county. Both parties derive title from the three children and heirs-at-law of Hamilton McCollom, deceased, defendant claiming one-half, under a deed made June 8, 1883, by Henry, one of the children, and the plaintiffs claiming two-thirds, under deeds made in December, 1883, by Hannah M. and Hamilton, the other two children. The action was tried by Perkins, J., who found that plaintiffs were owners of two-thirds, and defendant of one-third, and ordered a partition. Judgment was entered accordingly, and the defendant appealed.
1Opinion of the CourtGileillan, C. J.
August 18, 1871, Hamilton McCollom made a homestead entry under the law of the United States on land situated in this state. He died March 10, 1876, leaving no widow, and leaving children under 21 years of age, — Hannah M., aged 19 years and 9 months; Hamilton, aged 18 years; and Henry, aged 14 years.
August 23, 1876, the administrator of the deceased made final proof upon the entry, and the usual final receiver’s certificate was thereupon issued. At the time of making final proof, he filed in the land-office an affidavit stating that McCollom left no widow, and left two children, minors, and…
2Cited by2 opinions
- Vlasak v. VlasakSupreme Court of Minnesota · 1939
- Raistakka v. FagerstromMontana Supreme Court · 1922