Middleton v. Wharton
Supreme Court of Minnesota
Ejectment, brought in the district court for Ramsey county, and tried by Brill, J., who ordered judgment for defendants, which was-entered, and the plaintiffs appealed. The plaintiff Laura Bunnell,, ■and Louisa Post, of whom the plaintiff Middlqton is administrator, were residuary devisees of Russell Post. ■ The defendants claim title-under a sale made by Russell Post’s administrator.
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Ejectment, brought in the district court for Ramsey county, and tried by Brill, J., who ordered judgment for defendants, which was-entered, and the plaintiffs appealed. The plaintiff Laura Bunnell,, ■and Louisa Post, of whom the plaintiff Middlqton is administrator, were residuary devisees of Russell Post. ■ The defendants claim title-under a sale made by Russell Post’s administrator. The lands in question are described in the complaint as “a tract of land in the village of Bald Eagle, known and designated on the plat thereof on file- * * * as Eagle Park, and the tract of land west of said…
1Opinion of the CourtCollins, J.
Ejectment to recover possession of certain real estate. The plaintiffs admit the defendants to be well seized of the premises in controversy, if certain proceedings in probate court in the matter of the estate of Bussell Post, deceased, and a sale made under its order, were effectual to pass the title.
I. The first objection made by the plaintiffs is that the order to sell the real property of the deceased, as made by the court, did not cover and include the tract of ground known as “Eagle Park,” on the plat of the town of Bald Eagle. The order directed a public sale of real estate not…
2Cases cited3 opinions
- Bott v. BurnellMassachusetts Supreme Judicial Court · 1814
- Barney v. MillerSupreme Court of Iowa · 1865
- Scofield v. LockwoodSupreme Court of Connecticut · 1868