O'Rourke v. O'Rourke
Supreme Court of Minnesota
Action in the district court for Dakota county for the surrender and cancelation of written instruments and to adjudge plaintiff to be the owner of certain real estate described in the complaint.
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Action in the district court for Dakota county for the surrender and cancelation of written instruments and to adjudge plaintiff to be the owner of certain real estate described in the complaint. The case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff.’ From an order denying the motions of defendants O’Rourke to dismiss the action for want of jurisdiction to enter a decree therein for defect of parties, and to reopen the case and take further testimony, or for a new trial, defendants O’Rourke appealed.
1Opinion of the Court
Dibell, C.
This action was brought by the plaintiff to compel the surrender of a certain agreement, and for a decree annulling and cancelling it, and adjudging plaintiff to be the owner of the property described in it. There were findings for the plaintiff and the defendants appeal from the order denying their motion for a new trial.
1. On July 26, 1909, the plaintiff Michael O’Rourke and the defendant Mary O’Rourke, his wife, signed and acknowledged an agreement conveying to their son, the defendant Felix O’Rourke, certain lands, by which agreement the son covenanted, among other things, to…
2Cases cited4 opinions
- Bruer v. BruerSupreme Court of Minnesota · 1909
- Haataja v. SaarenpaaSupreme Court of Minnesota · 1912
- Johnson v. PaulsonSupreme Court of Minnesota · 1908
- McKenzie v. DunsmoorSupreme Court of Minnesota · 1911
3Cited by5 opinions
- Slawik v. LosethSupreme Court of Minnesota · 1940
- Friend v. StancatoSupreme Court of Colorado · 1959
- Walsh v. WalshSupreme Court of Minnesota · 1919
- Young v. BlandinSupreme Court of Minnesota · 1943
- O'Rourke v. O'RourkeSupreme Court of Minnesota · 1916