Johnson v. Avery
Supreme Court of Minnesota
Appeal by plaintiff, Charles Gr. Johnson, from an order of the District Court of Ramsey County, Charles E. Otis, J., made July 12, 1893, refusing to confirm a sale in partition and ordering a resale. Action under 1878 Gr. S. ch. 74, for the partition of a lot in St. Paul, fifty feet front by one hundred feet deep, on Robert Street between Eleventh and Twelfth Streets.
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Appeal by plaintiff, Charles Gr. Johnson, from an order of the District Court of Ramsey County, Charles E. Otis, J., made July 12, 1893, refusing to confirm a sale in partition and ordering a resale. Action under 1878 Gr. S. ch. 74, for the partition of a lot in St. Paul, fifty feet front by one hundred feet deep, on Robert Street between Eleventh and Twelfth Streets. The plaintiff owned one fifth, Wilson E. Robert owned a fifth, Mary I. Avery owned a fifth, Samuel Norton, Maud Norton and Robert Norton together owned the remaining two fifths. John B. Trudeau held a mortgage for $1,588.52 on…
1Opinion of the CourtVanderburgh, J.
This is an action for the partition of certain property described in the complaint, upon which it appears there are incumbrances aggregating in amount upwards of $2,700.
The pleadings admit the value of the property to be the sum of $8,000. The property, being found to be incapable of division, was ordered to be sold, and the proceeds brought into court, to be disposed of under its direction. The statute requires the proceeds to be applied, after paying the costs, to the satisfaction of the liens, and the balance to be divided among the owners of the property. In this case the property was bid…
2Cited by5 opinions
- In Re Trust Under Will of CosgraveSupreme Court of Minnesota · 1948
- State v. SchobergSupreme Court of Minnesota · 1968
- Johnson v. AverySupreme Court of Minnesota · 1895
- Northwestern National Bank v. BalchSupreme Court of Minnesota · 1948
- Winfree v. JonesSupreme Court of Arkansas · 1931