Hershey v. Meeker County Bank
Supreme Court of Minnesota
Action in the district court for Meeker county to quiet title to two half sections of land. Defendant Willis and defendant bank answered separately, each claiming a mortgage lien upon the property under a mortgage given by Reuben S. Hershey, plaintiff’s devisor. Plaintiffs’ reply put in issue the validity of the mortgages and alleged that Reuben S. Hershey held only a life estate in the property, and had no authority to mortgage the fee.
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Action in the district court for Meeker county to quiet title to two half sections of land. Defendant Willis and defendant bank answered separately, each claiming a mortgage lien upon the property under a mortgage given by Reuben S. Hershey, plaintiff’s devisor. Plaintiffs’ reply put in issue the validity of the mortgages and alleged that Reuben S. Hershey held only a life estate in the property, and had no authority to mortgage the fee. The reply to Willis’ answer also alleged a judgment recovered January 31, 1896, in an action in the same court wherein Willis was a party defendant,…
1Opinion of the CourtMitchell, J.
Under the view we take of these eases, many of the facts disclosed by the record, and several of the points argued by counsel, become entirely immaterial.
The only material facts are the following: In May, 1881, one Martin Hershey died, seised in fee simple of the lands in controversy. By his last will (stating its provisions according to their legal effect), he devised the lands to Reuben S. Hershey for life, with remainder to such persons as the said Reuben S. might direct by his last will and testament. This will was probated in this state in August, 1885. In February, 1891, and June, 1892,…
2Cases cited4 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Hume v. . RandallNew York Court of Appeals · 1894
- Freeborn v. WagnerNew York Supreme Court · 1867
- Brown v. Farmers' Loan & Trust Co.New York Supreme Court · 1889
3Cited by11 opinions
- Estate of Hamilton H. Peyton, Deceased, John L. Peyton, and Olive Peyton v. Commissioner or Internal RevenueCourt of Appeals for the Eighth Circuit · 1963
- Barnes v. VerrySupreme Court of Minnesota · 1928
- Staples v. ZinnSupreme Court of Minnesota · 1974
- Larson v. MardausSupreme Court of Minnesota · 1927
- In Re Estate of BradleySupreme Court of Minnesota · 1954
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