Legal Opinion

Upton v. Merriman

Supreme Court of Minnesota

Decided December 29, 1911No. Nos. 17,352—(148)PublishedCited by 12 opinions

Action in the district court for Hennepin county by the widow of Charles H. Upton, deceased, to set aside a deed of certain real property which at the time of her marriage to him was owned and .occupied by him as a homestead, and for $1,500 damages.

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Action in the district court for Hennepin county by the widow of Charles H. Upton, deceased, to set aside a deed of certain real property which at the time of her marriage to him was owned and .occupied by him as a homestead, and for $1,500 damages. The complaint alleged upon information and belief that the deed was never delivered to the grantee; that it contained no legal or adequate, description of any property ; that a certain interlineation was made by defendants in the deed with the intent to deprive plaintiff of her interest in the premises. The substance of the amended answer of…

1Opinion of the CourtSimpson, J.

This action involves the title to real estate, consisting of the rear two-thirds of two platted lots in the city of Minneapolis. The premises were the homestead of Oharles H. Upton in his lifetime, and the plaintiff, his widow, claims a life estate in such homestead. She brought this action to establish her interest in the land, and to havé canceled and annulled a certain deed, and the record thereof, executed by Oharles H. Upton before his marriage to the plaintiff, purporting to convey these premises to the defendant Mabel B. Merriman, formerly Upton. The plaintiff claims this deed was void…

2Cited by12 opinions

  1. Hayward v. PlantSupreme Court of Connecticut · 1923
  2. Nybladh v. Peoples State Bank of WarrenSupreme Court of Minnesota · 1956
  3. In Re Application of LeeSupreme Court of Minnesota · 1927
  4. Keefe v. FitzgeraldNorth Dakota Supreme Court · 1939
  5. Patteson v. MyersSupreme Court of Oklahoma · 1938

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