Fern v. Leuthold
Supreme Court of Minnesota
Appeals by Eliza Fern, as executrix of John Fern, deceased, from two judgments of the district court for Dodge county, Buckham, J., presiding, affirming an order of the probate court of the same county vacating the decree of distribution of the estate of John Fern, and directing the executrix to pay certain judgments in favor of Jacob Leuthold and others, upon whose application the order was made, and who are respondents in this appeal.
1Opinion of the CourtMitchell, J.
One Young, a warehouseman, having received in store the wheat of various parties, which was mixed in common mass, had disposed of a part of it to the Bank of Kasson, through •one Fairchild, its cashier. Among the alleged depositors who claimed an interest in the grain was one Fern, who was in Young’s employment in his warehouse. There not being enough grain on hand to pay off the outstanding receipts, in June, 1883, eight of the depositors brought suit against Young, the Bank of Kasson, Fairchild, and Fern, alleging in their complaint that part of the stored grain had, by an arrangement…
2Cases cited2 opinions
- Leuthold v. FairchildSupreme Court of Minnesota · 1886
- Berkey v. JuddSupreme Court of Minnesota · 1881
3Cited by11 opinions
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- Hill v. TownleySupreme Court of Minnesota · 1891
- In Re Estate of HolumSupreme Court of Minnesota · 1930
- Sanborn v. PerryWisconsin Supreme Court · 1893
- Hill v. NicholsSupreme Court of Minnesota · 1891
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