Legal Opinion

McCarthy v. Van Der Mey

Supreme Court of Minnesota

Decided December 20, 1889PublishedCited by 7 opinions

Action to determine adverse claims to real estate in Bamsey ■county, brought in the district court for that county and tried by Brill, J., who ordered judgment for plaintiffs. The defendants are Catharine Van Der Mey (widow of Henry H. Timme, deceased) and John Van Der Mey, her husband; Amelia Angela Timme, daughter of Henry H. Timme; and Geo. H. Hammer, the surviving husband of Sophia Timme, also a daughter of Henry H. Timme.

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Action to determine adverse claims to real estate in Bamsey ■county, brought in the district court for that county and tried by Brill, J., who ordered judgment for plaintiffs. The defendants are Catharine Van Der Mey (widow of Henry H. Timme, deceased) and John Van Der Mey, her husband; Amelia Angela Timme, daughter of Henry H. Timme; and Geo. H. Hammer, the surviving husband of Sophia Timme, also a daughter of Henry H. Timme. The defendant Amelia is a minor, and appears by guardian ad litem-, and she and the defendant Hammer appeal from the judgment.

1Opinion of the CourtVanderburgh, J.

The findings of the trial court in this case establish the following facts: Henry H. Timme died January 31, 1885, intestate. He was then the owner of lots 1 and 2, in block 4, Bazille & Guerin’s addition to St. Paul, and left him surviving his widow, the defendant Catharine, since married to the defendant John Van Der Mey, and the other defendants, his children, some of whom were minors. At and prior to his death the intestate occupied, with his family, a building standing on the north 50 feet of lot 1 and a part of lot 2, and used in connection therewith the north 25 feet of the south 75…

2Cases cited4 opinions

  1. Showers v. RobinsonMichigan Supreme Court · 1880
  2. Drake v. KinsellMichigan Supreme Court · 1878
  3. Holbrook v. WightmanSupreme Court of Minnesota · 1883
  4. Rottenberry v. PipesSupreme Court of Alabama · 1875

3Cited by7 opinions

  1. Denzer v. PrendergastSupreme Court of Minnesota · 1964
  2. Atwater v. Manchester Savings BankSupreme Court of Minnesota · 1891
  3. Bengtson v. SetterbergSupreme Court of Minnesota · 1949
  4. Nordlund v. DahlgrenSupreme Court of Minnesota · 1915
  5. McGowan v. BaldwinSupreme Court of Minnesota · 1891

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