Allen v. Allen
Supreme Court of Minnesota
Action in replevin in the district court for Hennepin county against the administratrix of Charles T. Allen, deceased. The cause was tried before Lancaster, J., without a jury, who ordered judgment in favor of plaintiff for the return of the property or for §220, if the same could not be delivered.- From an order denying a motion for a new trial, defendant appealed.
1Opinion of the Court
CANTY, J.1
Plaintiff claims the property in question as a gift causa mortis from his half-brother, Charles T. Allen, deceased. The latter was a practicing physician in Minneapolis, who resided in one place in that city and had his office at another. Plaintiff, a medical student, spent much of his time in that office. He had one key to it, and Charles T. had the other. Plaintiff resided with Charles T.
On Sunday, December 28, 1897, plaintiff went from the residence to the office, “in the usual course of business, and was there in the ordinary way.” Charles T. remained at the residence, and took…
2Cases cited2 opinions
- Drew v. HagertySupreme Judicial Court of Maine · 1889
- French v. RaymondSupreme Court of Vermont · 1867
3Cited by7 opinions
- Adams v. Merced Stone Co.California Supreme Court · 1917
- Thomas v. TilleySupreme Court of Alabama · 1906
- O'Neil v. O'NeilMontana Supreme Court · 1911
- Barnes v. BarnesSupreme Court of Alabama · 1911
- Waugh v. RichardsonWest Virginia Supreme Court · 1929
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