Spencer v. Sheehan
Supreme Court of Minnesota
This is an action of ejectment, brought in the district court, for Blue Earth county, to recover possession of the north half of the northwest quarter of section 32, in township 109, north of range 20, west, situate in said county.
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This is an action of ejectment, brought in the district court, for Blue Earth county, to recover possession of the north half of the northwest quarter of section 32, in township 109, north of range 20, west, situate in said county. The plaintiff (in her complaint) claims title to the premises, substantially as follows : One John Spencer executed his will, in which after devising certain specific real estate, he devised the one undivided half of the residue to the plaintiff, and'the other undivided half to Nancy Spencer. The premises above described are a portion of the residue not…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
Pub. Stal., ch. 39, 5. 50, (Gen. Stut., ch. 57, s. 46,) provides that no action for the recovery of any estate sold by an executor under this chapter shall be maintained by any person claiming under the deceased, unless it is commenced within five years next after the sale.
The plaintiff contends, that if the probate court had no authority to grant a license for the sale of the property sought to be recovered in this action, the statute does not apply, since in such case “no sale has been made under this chapter,” but on the contrary “ the sale made in fact, was, in…
2Cases cited2 opinions
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Montour v. PurdySupreme Court of Minnesota · 1866
3Cited by11 opinions
- King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
- Tunno v. RobertSupreme Court of Florida · 1878
- Michaud v. MacGregorSupreme Court of Minnesota · 1895
- Greenwood v. MurraySupreme Court of Minnesota · 1881
- Seward v. DidierNebraska Supreme Court · 1884
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