Legal Opinion

Robbins v. Hobart

Supreme Court of Minnesota

Decided May 12, 1916No. Nos. 19,716, 19,717—(116-117)PublishedCited by 6 opinions

Action for partition in the district .court for Hennepin county. The case was tried before Fish, J. who made findings in favor of plaintiffs and appointed referees to make the partition. Plaintiff’s motion for amended findings was denied and the report of the majority of the referees was confirmed and ratified and judgment rendered in accordance therewith. Defendant’s motion to strike from the files an affidavit of H. Y. Mercer was denied.

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Action for partition in the district .court for Hennepin county. The case was tried before Fish, J. who made findings in favor of plaintiffs and appointed referees to make the partition. Plaintiff’s motion for amended findings was denied and the report of the majority of the referees was confirmed and ratified and judgment rendered in accordance therewith. Defendant’s motion to strike from the files an affidavit of H. Y. Mercer was denied. From the judgment and decree, defendant W. B. Hobart appealed and plaintiffs appealed.

1Opinion of the Court

Taylor, C.

Action for partition of real estate. Both parties desired a partition, and the court, after determining that defendant W. B. Hobart owned a specified share of the land and that plaintiffs owned the remainder thereof, appointed three referees to make the partition. Two of the referees united in a report assigning a described parcel of the land to W. B. Hobart and the remainder thereof to plaintiffs. The third referee made a minority report similar to the majority report, except that it assigned to Hobart a larger quantity of land than the majority report. The court duly confirmed the…

2Cases cited1 opinion

  1. Clark v. CreswellCourt of Appeals of Maryland · 1910

3Cited by6 opinions

  1. Hoerr v. HoerrSupreme Court of Minnesota · 1917
  2. Grimes v. Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co.Supreme Court of Minnesota · 1916
  3. Green v. LidbergSupreme Court of Minnesota · 1930
  4. Callaway v. SeatonSupreme Court of Minnesota · 1923
  5. Carr v. HardenCourt of Appeals of Washington · 1983

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