Ford v. Clement
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Hennepin county, Jamison, J., granting plaintiff a new trial. The term “lot” as used in the statute was not intended to exempt as a homestead any quantity of land that might be platted and called a lot. By the term “lot,” as used in the homestead act, is intended the ordinary, prevailing or average sized lot in the immediate vicinity.
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Appeal by defendant from an order of tbe district court for Hennepin county, Jamison, J., granting plaintiff a new trial. The term “lot” as used in the statute was not intended to exempt as a homestead any quantity of land that might be platted and called a lot. By the term “lot,” as used in the homestead act, is intended the ordinary, prevailing or average sized lot in the immediate vicinity. Wilson v. Proctor, 28 Minn. 13; Baldwin v. Robinson, 39 Minn. 244; Lundberg v. Sharvey, 46 Minn. 350; In re Smith, 51 Minn. 316; Heidel v. Benedict, 61 Minn. 170. Any other construction placed upon the…
1Opinion of the CourtCollins, J.
This was an action to determine an adverse claim to the north 50 feet, front and rear, of lot 4, in block 11, of George Galpin’s addition to Minneapolis. The court below first ordered judgment for defendant on the undisputed facts, and then granted plaintiff's motion for a new trial. In 1892 plaintiff purchased the land in dispute from one Harriet M. Wilson, who had been the *486owner for several years, receiving a warranty deed therefor. The defendant’s adverse claim is based upon two judgments which he obtained and docketed against Mrs. Wilson in 1889. The question to be decided is one of…
2Cases cited4 opinions
- Heidel v. BenedictSupreme Court of Minnesota · 1895
- Wilson v. ProctorSupreme Court of Minnesota · 1881
- In re Smith's EstateSupreme Court of Minnesota · 1892
- Lundberg v. SharveySupreme Court of Minnesota · 1891
3Cited by4 opinions
- National Bank of Republic of New York v. BanholzerSupreme Court of Minnesota · 1897
- Mead v. MarshSupreme Court of Minnesota · 1898
- In Re BeckerUnited States Bankruptcy Court, D. Minnesota · 1997
- National Bank of Republic of New York v. BanholzerSupreme Court of Minnesota · 1897