Legal Opinion

Hugo v. Miller

Supreme Court of Minnesota

Decided June 1, 1892PublishedCited by 6 opinions

Appeal by defendant, Allen J. Miller, from a judgment of the District Court of St. Louis county, Severance, J., entered March 22, 1892, decreeing plaintiff, N. Frederick Hugo, to be the owner in fee of seven-ninths of lot thirty-two (32) on east Second street in Duluth Proper, 1st Division. Henry E. Scott died intestate August 23, 1876, seized in fee of this lot, leaving him surviving a wife and three sons, his only heirs.

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Appeal by defendant, Allen J. Miller, from a judgment of the District Court of St. Louis county, Severance, J., entered March 22, 1892, decreeing plaintiff, N. Frederick Hugo, to be the owner in fee of seven-ninths of lot thirty-two (32) on east Second street in Duluth Proper, 1st Division. Henry E. Scott died intestate August 23, 1876, seized in fee of this lot, leaving him surviving a wife and three sons, his only heirs. Seward D. Allen was in 1883, appointed by the Probate Court of St. Louis county, administrator of Scott’s estate. In June, 1884, that Court licensed the administrator to…

1Opinion of the CourtCollins, J.

Action to determine an adverse claim made to a city lot. The defendant’s claim of title to the entire property was based originally upon an administrator’s sale made in the year 1884, and the validity of this sale is the question now before us. Below it was declared invalid, the court holding plaintiff to be the owner of an undivided seven ninths, and defendant, through a conveyance from one of the heirs, the owner of the remaining two ninths. This result which was embodied in the judgment as ordered and entered, was inevitable, unless the sale can be sustained. There were three main…

2Cases cited4 opinions

  1. Richardson v. ButlerCalifornia Supreme Court · 1889
  2. Montour v. PurdySupreme Court of Minnesota · 1866
  3. Schaale v. WaseyMichigan Supreme Court · 1888
  4. Dexter v. CranstonMichigan Supreme Court · 1879

3Cited by6 opinions

  1. Koenig v. JohnsonCalifornia Court of Appeal · 1945
  2. Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
  3. H.A.M.S. Co. v. Electrical Contractors of Alaska, Inc.Alaska Supreme Court · 1977
  4. Fishback Brewing Co. v. City of St. LouisMissouri Court of Appeals · 1936
  5. Potts v. MillerSouth Dakota Supreme Court · 1949

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