Morin v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Sher-burne county, Crosby, J., presiding, refusing a new trial, after a verdict for plaintiff. The facts are stated in the opinion. Both under U. S. Bev. St. § 905, and Gen. St. 1878, c. 73, § 54, the decree of the probate court in Michigan was properly received in evidence. The decree was made in a proceeding in rem, and was conclusive as to the facts therein adjudicated, which were death and survivorship.
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Appeal by defendant from an order of the district court for Sher-burne county, Crosby, J., presiding, refusing a new trial, after a verdict for plaintiff. The facts are stated in the opinion. Both under U. S. Bev. St. § 905, and Gen. St. 1878, c. 73, § 54, the decree of the probate court in Michigan was properly received in evidence. The decree was made in a proceeding in rem, and was conclusive as to the facts therein adjudicated, which were death and survivorship. Starkie Ev. 372; 1 Greenl. Ev. § 550; Mutual Benefit Life Ins. Co. v. Tisdale, 91 U. S. 238. The facts of death and survivorship…
1Opinion of the CourtDickinson, J.
This is an action of ejectment, in which the title to the land is in issue. One William L. Larnerd was the original owner of an undivided one-half of the land. The plaintiff sought to prove the devolution of this estate upon himself. For this purpose he offered in evidence an exemplification of the records of the probate court for the county of Ingham, in the state of Michigan, showing these facts: One Horatio H. Larnerd filed his petition in the said probate court, alleging the death, in the state of Michigan, of William L. Larnerd, and that he died seized of certain described lands in that…
2Cases cited9 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Carroll v. . CarrollNew York Court of Appeals · 1875
- Pick v. StrongSupreme Court of Minnesota · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Fridley v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1917
- Mossman v. Hawaiian GovernmentHawaii Supreme Court · 1896
- Chadbourne v. HartzSupreme Court of Minnesota · 1904
- Lamoreaux v. HigginsSupreme Court of Minnesota · 1927
3 more not listed; retrieve them via the Exa API.