Doran v. Kennedy
Supreme Court of Minnesota
Action in the district court for Koochiching county to determine that defendants had no title to vacant and unoccupied land.
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Action in the district court for Koochiching county to determine that defendants had no title to vacant and unoccupied land. The complaint alleged that the land was patented to Edward O. Norton after his death, and sold by the administrator of Norton’s estate pursuant to the license and order of the probate court for that county to pay debts contracted by the intestate prior to the issuance of the patent to him; that the land was exempt from sale for the indebtedness by virtue of K. S. (IT. S.) § 2296, and amendatory and supplemental acts. The separate answer of Paul Kennedy alleged that the…
1Opinion of the CourtHallam, J.
The administrator of the estate of Edward O. Norton, deceased, sold the land here in controversy under license issued by the probate-court of Koochiching county. The purchaser was George N. Millard. He conveyed to the defendant Paul Kennedy. Plaintiff is one-of the heirs of said Norton and she has acquired the interest of all the’ other heirs. She brings this action to quiet title to the land. This is; accordingly not an appeal from any order of the probate court concerning the sale. It is an independent action. The attack here made-upon the orders of the probate court is a collateral attack.
T…
2Cases cited31 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
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- Carroll v. SaffordSupreme Court of the United States · 1845
- Cornelius v. KesselSupreme Court of the United States · 1888
- Staloch v. HolmSupreme Court of Minnesota · 1907
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