Cook v. Webb
Supreme Court of Minnesota
This is an action for partition, brought in the district court for Ramsey county by John B. Cook against Isaac W. Webb and the heirs of Stephen R. Champlin, deceased. A trial before the court resulted in a judgment for partition, from which the defendant Webb hppeals to this court.
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This is an action for partition, brought in the district court for Ramsey county by John B. Cook against Isaac W. Webb and the heirs of Stephen R. Champlin, deceased. A trial before the court resulted in a judgment for partition, from which the defendant Webb hppeals to this court. The case is sufficiently stated in the opinion of the court. upon the point that “ proceedings in partition under the statute, can be instituted only by a party who has an estate entitling him to an immediate possession,” cited 1 Wash. R. P. 447, 448 and cases there cited; Brownell v. Brownell et al. 19, Wend. 367;…
1Opinion of the Court
By the Court.
McMillan, J.
This is an action, by the plaintiff under chapter seventy-four of the General Statutes for partition of certain premises described in the complaint" The action was commenced on the 31st of January, 1871, and was tried by the court, and resulted in a finding for the plaintiff on all the issues raised in the pleadings, and a judgment for partition of the premises. No case was made, or bill of exceptions settled; it must, therefore, be presumed that the findings of fact by the court were all correct and all sustained by the evidence. The case must then be determined upon…
2Cases cited4 opinions
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
- Scoville v. HilliardIllinois Supreme Court · 1868
- Woodworth v. CampbellNew York Court of Chancery · 1835
- Wood v. CluteNew York Court of Chancery · 1843
3Cited by10 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Oliver v. LansingNebraska Supreme Court · 1897
- Baskins v. KrepcikNebraska Supreme Court · 1950
- Smith v. AndrewIndiana Court of Appeals · 1912
- Johnson v. BrownSupreme Court of Kansas · 1906
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