Legal Opinion

Brown v. Brown

Supreme Court of Minnesota

Decided January 3, 1890PublishedCited by 6 opinions

Action for partition, brought in the district court for Bamsey county, and tried by Kelly, J., who ordered judgment for defendants, quieting their title to the land described in the complaint, unless plaintiff should elect to abandon his interest under the deed, and to take only under the will, mentioned in the opinion, with provision as to the improvements. A new trial was refused, and the plaintiffs appealed.

1Opinion of the CourtVanderburgh, J.

The record shows that Mrs. Mary Brown, widow, the testatrix named in the pleadings, occupied, under contract of purchase, from 1869 to November 15, 1881, the town or city lot in •controversy here, described as lot 4, in Whitacre, Brisbine & Mullen’s subdivision of lots 1 and 2 of Leech’s out lots to St. Paul, and at the last-named date received a deed therefor, and on the same day executed a deed of conveyance of the east half of the north half thereof to the plaintiff, who, with the defendants Patrick and James Brown, were her sons, residing with her upon the same lot. Plaintiff built a…

2Cited by6 opinions

  1. Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
  2. Hentges v. HoyeSupreme Court of Minnesota · 1924
  3. Kelleher v. KelleherSupreme Court of Minnesota · 1918
  4. Sorenson v. CareySupreme Court of Minnesota · 1905
  5. LeBorius v. ReynoldsSupreme Court of Minnesota · 1946

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