Fleming v. McCutcheon
Supreme Court of Minnesota
Action in the district court for Chisago county by pla±ntiffs as "heirs of E. T. Fleming, deceased, for an accounting by defendant of the profits realized by him on the foreclosure of a mortgage upon land of which decedent died seised. The case was tried before Crosby, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed.
1Opinion of the CourtStart, C. J.
This is an equitable action to charge the defendant as trustee for the plaintiffs, for the amount realized by him from the sale of lands of which their intestate died seised in excess of his mortgage thereon. The trial court made its findings of fact, and as a conclusion of law therefrom ordered judgment for the defendant, and the plaintiffs appealed from the order denying their motion for a new trial.
The facts of this case, as found by the court, briefly stated, are these: In the year 1882, E. T. Fleming, then a resident of the county of Chisago, this state, died intestate, leaving an estate *153…
2Cases cited9 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Allen v. GilletteSupreme Court of the United States · 1888
- Barker v. BarkerWisconsin Supreme Court · 1860
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
- Gilbert v. HewetsonSupreme Court of Minnesota · 1900
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3Cited by9 opinions
- City of Indianapolis v. NavinIndiana Supreme Court · 1897
- Hagen v. KoernerNew Jersey Superior Court Appellate Division · 1960
- Bank of Mill Creek v. Elk Horn Coal Corp.West Virginia Supreme Court · 1950
- First National Bank v. TowleSupreme Court of Minnesota · 1912
- Schloss & Kahn v. BrightmanSupreme Court of Alabama · 1915
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