Fuller v. Johnson
Supreme Court of Minnesota
Action in the district court for Meeker county for partition and to recover $500, the value of the use of plaintiff’s interest in the land during the time she was excluded therefrom.
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Action in the district court for Meeker county for partition and to recover $500, the value of the use of plaintiff’s interest in the land during the time she was excluded therefrom. The answer alleged that on December 16, 1909, George Fuller and his wife sold the land to defendants Johnson for $5,000; that thereafter a controversy 'arose between husband and wife as to the division of the consideration, and after his death, plaintiff, acting as administratrix of his estate, drew the consideration from the bank on April 1, 1911, and ever since has retained the money. The case was tried before…
1Opinion of the CourtBunn, J.
In 1904, and for many years before, plaintiff was the wife of George Fuller. He owned an 80-acre tract of land in Meeker county. Prior to 1904, plaintiff and her husband lived in that county. In that year, while they were in the state of Virginia, plaintiff gave to her husband a power of attorney by the terms of which he was empowered to deed and convey “all my lands that I have, or any interest, in the county of Meeker and state of Minnesota.” In December, 1909, while the parties were living in the state of Washington, plaintiff’s husband executed 'and delivered to defendant a warranty deed…
2Cases cited3 opinions
- Dimond v. ManheimSupreme Court of Minnesota · 1895
- Pederson v. ChristoffersonSupreme Court of Minnesota · 1906
- Orr v. SuttonSupreme Court of Minnesota · 1914
3Cited by7 opinions
- Preston v. HamSupreme Court of Georgia · 1923
- Anderson v. First Nat. Bank of Pine CitySupreme Court of Minnesota · 1975
- Dvorak v. MaringSupreme Court of Minnesota · 1979
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- Joel Karnitz v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2009
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