Legal Opinion

Forbes v. Stream

Supreme Court of Minnesota

Decided May 17, 1912No. Nos. 17,534—(96)PublishedCited by 3 opinions

Action in the district court for St. Louis county to determine adverse claims to certain vacant land. The answer admitted that at the commencement of the action the land was vacant and unoccupied ; denied that plaintiff was the owner thereof, but alleged that on April 8, 1905, John Stream died intestate; that on October 5, 1909, in proceedings then pending in the probate court of St. Louis county defendant Ellefsen was appointed administrator of the estate, that defendants…

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Action in the district court for St. Louis county to determine adverse claims to certain vacant land. The answer admitted that at the commencement of the action the land was vacant and unoccupied ; denied that plaintiff was the owner thereof, but alleged that on April 8, 1905, John Stream died intestate; that on October 5, 1909, in proceedings then pending in the probate court of St. Louis county defendant Ellefsen was appointed administrator of the estate, that defendants Winters, Naomi X. Stream and Esther S. Stream were the only heirs at law of John Stream, and that each was entitled to an…

1Opinion of the CourtHolt, J.

The action is brought against defendants to determine adverse claims to an undivided one-half interest and estate in forty acres of land in St. Louis county. Plaintiff had judgment and defendants appealed.

The title of plaintiff is derived through a sale of the land for taxes. If this title is not good, the defendant heirs of John Stream are the owners. At a sale held May 13, 190Y, pursuant to a real estate tax judgment entered March 21, 190Y, in proceedings to enforce payment of taxes delinquent for the year 1905 in St. Louis county, the land in controversy was bid in for the state for $1.63.…

2Cases cited3 opinions

  1. State v. CampSupreme Court of Minnesota · 1900
  2. Berglund v. GravesSupreme Court of Minnesota · 1898
  3. Countryman v. WassonSupreme Court of Minnesota · 1899

3Cited by3 opinions

  1. Burbridge v. WarrenSupreme Court of Minnesota · 1918
  2. F. H. Wellcome Co. v. County of MarshallSupreme Court of Minnesota · 1928
  3. Johnson v. MurphySupreme Court of Minnesota · 1916

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