Alworth v. Seymour
Supreme Court of Minnesota
Appeal by defendant from an order of tlie district court for St. Louis county, Ensign, J., presiding, overruling her demurrer to the complaint, the averments of which are in substance as follows: Defendant, who lives in Ontario, Canada, is the widow of one Patrick Seymour, late of Brainerd, in this state, who* while residing in this state, was known as Francis Seymour, and who died January 8, 1888, intestate, and seised of certain described lands in Brainerd and in Duluth,…
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Appeal by defendant from an order of tlie district court for St. Louis county, Ensign, J., presiding, overruling her demurrer to the complaint, the averments of which are in substance as follows: Defendant, who lives in Ontario, Canada, is the widow of one Patrick Seymour, late of Brainerd, in this state, who* while residing in this state, was known as Francis Seymour, and who died January 8, 1888, intestate, and seised of certain described lands in Brainerd and in Duluth, and possessed of at least $3,000 in personal property. These lands were on April 12, 1889, and ever since have been, in…
1Opinion of the CourtMitchell, J.
The complaint in this action was evidently framed with reference to compelling specific performance of the contract declared on. The point urged by defendant in support of her demurrer is that the contract is champertous.
1. It is not necessary to determine here whether or not the common law as to champerty is in force in this state, because there are at least two reasons why plaintiff cannot have specific performance in this case: (1) The contract did not create a power “coupled with an interest, ” but a mere naked agency, by which defendant employed plaintiff as her agent to perform certain…
2Cases cited7 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Gilbert v. HolmesIllinois Supreme Court · 1872
- Barr v. SchroederCalifornia Supreme Court · 1867
- Canty v. LatternerSupreme Court of Minnesota · 1883
- Stearns v. FelkerWisconsin Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Eclipse Oil Co. v. South Penn Oil Co.West Virginia Supreme Court · 1899
- Todd v. Superior Court of San FranciscoCalifornia Supreme Court · 1919
- Schalk Chemical Company, a Corporation, Gerald I. Farman, Hazel I. Farman, John Carver Baker and Patricia Baker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- Williams v. DeLayAlaska Supreme Court · 1964
- Deitz v. StephensonOregon Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.