Barton v. Drake
Supreme Court of Minnesota
On February 10, 1870, tbe plaintiff Thomas Barton was the owner of the southeast quarter, southwest quarter, section 11, T. 28, E. 23, containing forty acres, and also of five and one-half acres in section 14, adjoining the former tract on the west. For five years prior to that date, Barton, with his wife (co-plaintiff in this action) and family, had resided on this land, and continue so to reside.
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On February 10, 1870, tbe plaintiff Thomas Barton was the owner of the southeast quarter, southwest quarter, section 11, T. 28, E. 23, containing forty acres, and also of five and one-half acres in section 14, adjoining the former tract on the west. For five years prior to that date, Barton, with his wife (co-plaintiff in this action) and family, had resided on this land, and continue so to reside. Barton also owned nineteen lots in Cottage Lots Addition to St. Paul, according to the recorded plat, comprising ■ about five aci'es, and enclosed with a portion of the forty acres within one…
1Opinion of the CourtYoung, J.
It is contended that at the time of the mak*302ing of the contract with Drake, for the specific performance of .which the suit of Drake v. Barton was brought, and at the time of the rendition of the judgment in that action, the 45 1-2 acres, as to which it is now sought to set aside that judgment, and discharge its lien, were not the homestead of the plaintiff Barton, within the meaning of Gen. Stat., ch. 68, § 1, for the reason that no specific property had been selected by him as a homestead. But this tract was within the statutory limit (80 acres) of the quantity of land which may be held as a…
2Cases cited17 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Barker v. DaytonWisconsin Supreme Court · 1871
- Dye v. MannMichigan Supreme Court · 1862
- Phelps v. RooneyWisconsin Supreme Court · 1859
- Williams v. StarrWisconsin Supreme Court · 1856
12 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In Re HaggertySupreme Court of Minnesota · 1989
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- Teske v. DittbernerNebraska Supreme Court · 1903
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
32 more not listed; retrieve them via the Exa API.