Sanford v. Johnson
Supreme Court of Minnesota
Action for rent under a written lease, made by the husband of the plaintiff as her agent. The case was tried in the municipal court for the city of St. Paul, by Flint, J., without a jury. Judgment was ■ entered for the plaintiff, and from this judgment the defendant appealed.
1Opinion of the Court
-Berry, J.
Section 4 of chapter 56, Laws-of 1869, enacts that no power of attorney or other authority from a wife to her husband, “to convey real estate, or any interest therein,” shall be of any force. The word “interest” embraces the estate of a lessee, which is quite commonly denominated a leasehold interest. This meaning of the word is also distinctly recognized in section 10, c. 41, Gen. St., which provides that “no estate or interest in lands other than leases, for a term not exceeding one year,” shall be created, etc. The word convey is evidently used as comprehending the word “lease,”…
2Cases cited1 opinion
- Huyser v. ChaseMichigan Supreme Court · 1865
3Cited by10 opinions
- Moeller v. GormleyWashington Supreme Court · 1906
- United States v. Gypsy Oil Co.Court of Appeals for the Eighth Circuit · 1925
- Finch v. MooreSupreme Court of Minnesota · 1892
- Van Brunt v. WallaceSupreme Court of Minnesota · 1902
- Prendergast v. SearleSupreme Court of Minnesota · 1898
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