Hill v. Townley
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Eamsey county, Otis, J., presiding, sustaining a demurrer to the complaint.
1Opinion of the CourtYanderburgh, J.
This action is brought against the administrator and heirs of Samuel J. Potter, deceased, to foreclose a mortgage executed by him to plaintiff in the year 1858, to secure a note for $100, payable six months from date. Potter was then a resident of this state, but thereafter removed therefrom, and died in Texas in 1867.
1. The heirs are, in such case, necessary parties to the action to foreclose the mortgage in this state, but the administrator is not a necessary party thereto, though, by reason of his relation to the estate, he is a proper party. The land descended to the heirs on the death of…
2Cases cited9 opinions
- State v. MessengerSupreme Court of Minnesota · 1880
- Stark v. BrownWisconsin Supreme Court · 1860
- Whalley v. EldridgeSupreme Court of Minnesota · 1877
- Noon v. FinneganSupreme Court of Minnesota · 1882
- Lash v. LambertSupreme Court of Minnesota · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wichelman v. MessnerSupreme Court of Minnesota · 1957
- Anrud v. Scandinavian-American BankWashington Supreme Court · 1901
- Kolars v. BrownSupreme Court of Minnesota · 1909
- Sanborn v. PerryWisconsin Supreme Court · 1893
- Gray v. City of St. PaulSupreme Court of Minnesota · 1908
11 more not listed; retrieve them via the Exa API.