Nell v. Dayton
Supreme Court of Minnesota
Appeal by defendant Lyman C. Dayton (impleaded with May I. Dayton, his wife] from an order of the district court for Hennepin county, Hooker, L, presiding, denying his motion for a correction of the judgment entered after the decision of an appeal to this court, (reported, 48 Minn. 242,) and the filing of the mandate in that court.
1Opinion of the CourtGileillaN, C. J.
The cause of action in the complaint is for the cancellation of a deed conveying real estate from plaintiff to the defendant May I. Dayton. Nothing alleged in that pleading affected •any interest of the defendant Lyman C., except such as he might have by reason of being the husband of May L, nor any interest of May L, except such as she claimed under the deed. It asked judgment “that defendant [using the singular] have no estate or interest in said land, and that said deed and the record thereof he declared null and void, and for such other relief as to the court may seem just.” 'The…
2Cases cited2 opinions
- McClure v. BruckSupreme Court of Minnesota · 1890
- Stocking v. HansonSupreme Court of Minnesota · 1886
3Cited by5 opinions
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- Plankerton v. Continental Casualty Co.Supreme Court of Minnesota · 1930