Babcock v. Collins
Supreme Court of Minnesota
Action in the district court for Anoka county to set aside the deed mentioned in the opinion, to determine the interest of the parties to the action in the land conveyed, and for a partition of the interest therein of the plaintiffs. The allegations of the complaint are stated in the opinion. From an order of the court, Smith, J., sustaining demurrer of the Minneapolis Improvement Company, Northeast, plaintiffs appealed.
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Action in the district court for Anoka county to set aside the deed mentioned in the opinion, to determine the interest of the parties to the action in the land conveyed, and for a partition of the interest therein of the plaintiffs. The allegations of the complaint are stated in the opinion. From an order of the court, Smith, J., sustaining demurrer of the Minneapolis Improvement Company, Northeast, plaintiffs appealed. Probate does not legalize gifts of assets, or other improper inter-meddling. Bellinger v. Ford, 21 Barb. 311; Harris v. Strodl, 132 N. Y. 392, 30 N. E. 962; Bussell v.…
1Opinion of the CourtCanty, J.
This is an appeal from an order sustaining a demurrer to the complaint, on the ground that it does not state facts súfñcient to constitute a cause of action. The complaint alleges that one Francis M. Babcock died, testate, in 1872, and was at the time of his death the owner of an undivided one-tenth of certain real estate in Anoka county; that thereafter, on April 4, 1872, his last will was duly probated in the surrogate court in New York county, in the state of New York, where he resided at the time of his death; that Phoenix Babcock, one of these plaintiffs, and one John Babcock, were the…
2Cases cited10 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Warner v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1883
- Putnam v. PitneySupreme Court of Minnesota · 1891
- Crusoe v. ButlerMississippi Supreme Court · 1858
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3Cited by11 opinions
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- Ramirez v. BellCourt of Appeals of Texas · 1927
- Ruef v. District Court of the Twelfth Judicial DistrictMontana Supreme Court · 1906
- Kinney v. McCallWashington Supreme Court · 1910
- Tudor v. TudorSupreme Court of Vermont · 1907
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