Hurley v. Hamilton
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Washington county, to obtain a partition of certain real estate owned, as alleged in the complaint, by the plaintiff and the defendants Hamilton, Orff, and Boughton as tenants in common.
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Plaintiff brought this action in the district court for Washington county, to obtain a partition of certain real estate owned, as alleged in the complaint, by the plaintiff and the defendants Hamilton, Orff, and Boughton as tenants in common. The answer of the defendants Judson Orff and his wife, set out the following facts, viz.: One Anna Kilbourn died seized of the real estate described in the complaint, and her estate was duly administered upon by the probate court of Washington county, which court, on October 13, 1884, duly assigned the estate to her heirs as tenants in common.…
1Opinion of the Court
Mitchell, J.1
The constitution expressly limits the jurisdiction of the probate court to the estates of deceased persons and persons under guardianship. It follows that it can have no general jurisdiction in regard to the partition of real estate. The power to make partition, conferred upon that court by Gen. St. 1S78, c. 56, is only given as an incident of settling the estates of deceased persons, and as a part of the final step of administration, viz., the division of the property among the heirs or devisees after the estate has been otherwise fully administered. This chapter provides, in…
2Cases cited2 opinions
- State ex rel. Lindekugel v. Probate Court of Sibley CountySupreme Court of Minnesota · 1885
- Cox v. InglestonSupreme Court of Vermont · 1858
3Cited by10 opinions
- Security Trust Co. v. Black River National BankSupreme Court of the United States · 1902
- Mousseau v. MousseauSupreme Court of Minnesota · 1889
- In Re Estate of KoffelSupreme Court of Minnesota · 1928
- State ex rel. Union National Bank v. Probate CourtSupreme Court of Minnesota · 1908
- State ex rel. Matteson v. Probate CourtSupreme Court of Minnesota · 1901
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