Lidstrom v. Mundahl

Rogosheske, Justice.

Plaintiff, John Lidstrom, as administrator of his wife’s estate and individually, sought construction of written instruments concerning certain Renville County farmlands and a partition or sale thereof. He appeals from a summary judgment dismissing his declaratory judgment and partition action on the ground of failure to state a claim upon which relief could be granted. The court, concluding that there was no genuine issue as to any material fact, treated defendants’ pretrial motion to dismiss as one for summary judgment and determined that plaintiff had no vested property…