Holland v. Billings
Supreme Court of Minnesota
Action in the district court for Crow Wing county to determine adverse claims to certain vacant real property. The separate answers of S. Dwight Lathrop, Jennie Xeithly, Mary E. Neddermeyer and Alice E. Wright alleged that they were the sole surviving heirs-at-law of, and devisees under, the last will of Seth Lathrop, deceased; that they owned an undivided half interest in one tract described in the complaint, but denied that they had any interest in or lien upon the other…
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Action in the district court for Crow Wing county to determine adverse claims to certain vacant real property. The separate answers of S. Dwight Lathrop, Jennie Xeithly, Mary E. Neddermeyer and Alice E. Wright alleged that they were the sole surviving heirs-at-law of, and devisees under, the last will of Seth Lathrop, deceased; that they owned an undivided half interest in one tract described in the complaint, but denied that they had any interest in or lien upon the other tract described therein; and prayed that they be decreed to be the owners of the former tract free from any claim or lien…
1Opinion of the CourtLewis, J.
The original notice of expiration of redemption was substantially in compliance with the requirements of section 956, R. L. 1905, and in addition thereto it contained certain recitals which were not re'quired by said section. We discover nothing misleading in this respect, and the notice cannot be declared void on that ground.
But the notice as published contained many typographical errors, ■one of which, at least, was fatal. The sale took place on the sixteenth ■day of November, 1908, and that portion of the notice as published, necessary for present purposes, reads: “That exclusive of the…
2Cases cited2 opinions
- Lawton v. BarkerSupreme Court of Minnesota · 1908
- Peterson v. St. Paul Real Estate & Investment Co.Supreme Court of Minnesota · 1911