Smith v. Lackor
Supreme Court of Minnesota
This action ivas brought in the district court for Nobles county, to foreclose the equities of the defendant under the bond mentioned below, and to have such bond surrendered and cancelled, and for general relief, and was tried before Dickinson, J., whose findings of fact, upon the issues made by the pleadings, were, in substance, as follows : In August, 1873, the defendant made a written contract with the Sioux City & St. Paul Railroad Company for the purchase from it of a…
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This action ivas brought in the district court for Nobles county, to foreclose the equities of the defendant under the bond mentioned below, and to have such bond surrendered and cancelled, and for general relief, and was tried before Dickinson, J., whose findings of fact, upon the issues made by the pleadings, were, in substance, as follows : In August, 1873, the defendant made a written contract with the Sioux City & St. Paul Railroad Company for the purchase from it of a platted lot in the village of Worthington, of the usual size of residence lots in that village. The defendant paid $25…
1Opinion of the CourtCornell, J.
As respects defendant’s homestead claim, and the assignment of his interest without the consent and signature of his wife, it is difficult in principle to distinguish the case at bar from Wilder v. Haughey, 21 Minn. 101, and *457Hartman v. Munch, 21 Minn. 107. In those cases it was ■expressly held that a vendee, in the occupancy of an eighty-acre tract of land as a homestead, under a contract of purchase, when a portion only of the purchase-money had been paid, or was due, held such an equitable interest therein as constituted him an owner, within the meaning of the homestead act, and that any…
2Cases cited3 opinions
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Cogel v. MickowSupreme Court of Minnesota · 1866
- Hartman v. MunchSupreme Court of Minnesota · 1874
3Cited by6 opinions
- South Texas Lumber Co. v. EppsSupreme Court of Oklahoma · 1915
- City Savings Bank v. ThompsonNebraska Supreme Court · 1912
- Shobe v. LuffAppellate Court of Illinois · 1896
- Jelinek v. StepanSupreme Court of Minnesota · 1889
- Layson v. RileyMissouri Court of Appeals · 1918
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