Schmidt v. Constans
Supreme Court of Minnesota
Action in the district court for Ramsey county for partition of real estate. The case was tried before O; B. Lewis, J., who made findings of fact and as conclusions of law found among other things that the premises should be sold and out of the proceeds of sale plaintiff was entitled to the sum of $3,224.57, being the amount of certain repairs made by him, with interest. From an order denying a motion for a new trial, defendants William Constans and Bertha Constans appealed.
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Action in the district court for Ramsey county for partition of real estate. The case was tried before O; B. Lewis, J., who made findings of fact and as conclusions of law found among other things that the premises should be sold and out of the proceeds of sale plaintiff was entitled to the sum of $3,224.57, being the amount of certain repairs made by him, with interest. From an order denying a motion for a new trial, defendants William Constans and Bertha Constans appealed. One cotenant may lease his moiety to the other, and on such leasing the parties bear to each other the relations, are…
1Opinion of the CourtCollins, J.
For some years prior to September 1, 1889, the plaintiff and defendant were, and ever since have been, equal tenants in common of certain real property, used for brewery purposes. On the day mentioned, through the assignment of a lease held by a third party, plaintiff became the tenant of the defendant as to the lat*350ter’s undivided half of the property, and ever since that time he has carried on the business of brewing upon the premises. The lease in question expired in 1893, but the plaintiff since that time has been a tenant at will, paying a stipulated monthly rental for defendant’s moiety.…
2Cases cited4 opinions
- Cosgriff v. . FossNew York Court of Appeals · 1897
- Harry v. HarryIndiana Supreme Court · 1891
- O'Connor v. DelaneySupreme Court of Minnesota · 1893
- Smith v. PriorSupreme Court of Minnesota · 1894
3Cited by9 opinions
- Mehl v. NortonSupreme Court of Minnesota · 1937
- State v. SpenceSupreme Court of Minnesota · 2009
- Hunt v. Meeker County Abstract & Loan Co.Supreme Court of Minnesota · 1916
- Vucinich v. GordonCalifornia Court of Appeal · 1942
- McGinley v. CannonWashington Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.