Havel v. Costello
Supreme Court of Minnesota
Action in the district court for Le Sueur county for an accounting; to have a certain deed canceled; to decree plaintiffs to be the owners and entitled to possession of the 80-acre tract; and to cancel two mortgages. The facts are stated in the opinion.
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Action in the district court for Le Sueur county for an accounting; to have a certain deed canceled; to decree plaintiffs to be the owners and entitled to possession of the 80-acre tract; and to cancel two mortgages. The facts are stated in the opinion. The case was tried before Tifft, J., who made findings and as conclusions of law found that as to defendants, other than defendant Fitzgerald, plaintiffs were entitled to judgment decreeing plaintiff Martin Y. Havel to be the owner in fee simple of the premises; that the deed to Costello was fraudulent and void; that, as between plaintiffs and…
1Opinion of the CourtBrown, C. J.
Plaintiffs are husband and wife. The husband, Martin V. Havel, was the record owner of the land in controversy in the action, consisting of 80 acres near the village of Montgomery in Le Sueur county, and for a time, prior to November, 1916, resided thereon with his wife, and it constituted the family homestead. 'Some time during the month stated they moved from the farm to the village, where the husband carried on his business as a dentist, and with his wife took up his residence in a hotel building therein which he also owned. In January, 1917, he sold and conveyed the farm property to one…
2Cases cited8 opinions
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Niles v. CooperSupreme Court of Minnesota · 1906
- Macomber v. KinneySupreme Court of Minnesota · 1910
- Coles v. YorksSupreme Court of Minnesota · 1881
- Hafter v. StrangeMississippi Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Guaranty Securities Co. v. Exchange State BankSupreme Court of Minnesota · 1921
- Lindblood v. Warren Mining Co.Supreme Court of Minnesota · 1923
- Rochester Loan & Trust Co. v. FraserSupreme Court of Minnesota · 1933