Mead v. Marsh
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Blue Earth county, Quinn, J., denying a motion for a new trial. In order to be within the platted or laid-out portions of a city or town, within Gr. S. 1894, § 5521, the land itself must be-platted or the owner must have done acts equivalent to laying out 'or platting. Mintzer v. St. Paul T. Co., 45 Minn. 323; Baldwin v: Bobinson, 39 Minn. 244. It must be platted into lots.
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Appeal by defendants from an order of the district court for Blue Earth county, Quinn, J., denying a motion for a new trial. In order to be within the platted or laid-out portions of a city or town, within Gr. S. 1894, § 5521, the land itself must be-platted or the owner must have done acts equivalent to laying out 'or platting. Mintzer v. St. Paul T. Co., 45 Minn. 323; Baldwin v: Bobinson, 39 Minn. 244. It must be platted into lots. The word “lot” is not synonymous with “tract” or “parcel,” but means a village, city or town lot according to the plat of the village, city or town. Wilson v.…
1Opinion of the CourtStart, C. J.
This action was brought by the plaintiff, as assignee in insolvency of John Q. A. Marsh, against him and his wife, to determine the area of their homestead. The here material facts, as found by the trial court, are these:
The defendants are husband and wife, and for the past 30 years have resided in a dwelling house on the premises in controversy, claiming them as their homestead. The title thereto was in the husband until after he made an assignment for the benefit of his *270creditors, under the insolvency law of the state, to the plaintiff, on November 19, 1891. The property coming to the hands…
2Cases cited3 opinions
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- National Bank of Republic of New York v. BanholzerSupreme Court of Minnesota · 1897
- Ford v. ClementSupreme Court of Minnesota · 1897
3Cited by4 opinions
- State ex rel. Chase v. Minnesota Tax CommissionSupreme Court of Minnesota · 1916
- Dietz v. Becker (In Re Becker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- In Re KyllonenUnited States Bankruptcy Court, D. Minnesota · 2001
- Michael S. Dietz v. Terrance J. BeckerUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 1998