Kurtz v. St. Paul & Duluth R. Co.
Supreme Court of Minnesota
Appeal by plaintiffs Emma A. Kurtz and George Leidner from a judgment of the district court of St. Louis county, Stearns, J., entered August 22, 1891, adjudging that plaintiffs take nothing by their suit. George Leidner, Sr., died intestate May 4, 1860, seised of the S. J of the S. W. J of section 7, and the N. W. -J of the N. W. J of section 18, in township 49 N., of range 14 W., in Duluth.
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Appeal by plaintiffs Emma A. Kurtz and George Leidner from a judgment of the district court of St. Louis county, Stearns, J., entered August 22, 1891, adjudging that plaintiffs take nothing by their suit. George Leidner, Sr., died intestate May 4, 1860, seised of the S. J of the S. W. J of section 7, and the N. W. -J of the N. W. J of section 18, in township 49 N., of range 14 W., in Duluth. He left him surviving his widow, Catharine Leidner, and three children, Mary, Emma, and George, his heirs at law. The Lake Superior & Mississippi Railroad Company,, in 1871, built its railroad through…
1Opinion of the CourtMitchell, J.
Action of ejectment. In its answer the defendant alleged title in itself, but this claim is now abandoned, and the action of the plaintiffs is sought to be defeated solely on the ground of their own want of title. One George Leidner died seised of the land, and the plaintiffs, as his heirs, are the owners, unless their title was divested by a guardian’s sale to one Hiram Hayes, in May, 1872. The probate proceedings which culminated in this sale are the same which were considered in West Duluth Land Co. v. Kurtz, 45 Minn. 380, (47 N. W. Rep. 1134,) but the questions now raised are different.…
2Cases cited4 opinions
- Davis v. HudsonSupreme Court of Minnesota · 1881
- Underhill v. DennisNew York Court of Chancery · 1841
- White v. PomeroyNew York Supreme Court · 1850
- West Duluth Land Co. v. KurtzSupreme Court of Minnesota · 1891
3Cited by20 opinions
- In Re Adoption of AndersonSupreme Court of Minnesota · 1951
- Martineau v. City of St. PaulCourt of Appeals for the Eighth Circuit · 1949
- Jasperson Ex Rel. Drew v. JacobsonSupreme Court of Minnesota · 1947
- In Re LundbergCalifornia Supreme Court · 1904
- In Re RockwellCourt of Appeals of Tennessee · 1983
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