Barnard v. Thurston
Supreme Court of Minnesota
Action in tbe district court for Le Sueur county to compel tbe surrender to plaintiff of a warranty deed alleged to have been executed and delivered to him by defendant and her husband, John Thurston, during the latter’s lifetime, and to determine the adverse claim of defendant to the premises conveyed thereby. The case was tried before Cadwell, J., who found in favor of plaintiff. -From an order granting a motion for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. .T.
This is an action to compel the defendant to surrender a deed to the plaintiff of the land described in the complaint, and to have it adjudged that he is the owner thereof, subject to the life estate of the defendant. The trial court found the facts to be, in effect, the following:
1. On and prior to April 7, 1900, John Thurston was the owner in fee of the land in question, which consisted of a farm of eighty acres in the county of Le Sueur.
2. He and the defendant were then husband and wife, and that relation continued until his death, on April 13, 1900. He died leaving no issue.…
2Cases cited13 opinions
- Brown v. WesterfieldNebraska Supreme Court · 1896
- Osborne v. EslingerIndiana Supreme Court · 1900
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Fain v. SmithOregon Supreme Court · 1886
- Furenes v. EideSupreme Court of Iowa · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Scott v. Union & Planters' Bank & Trust Co.Tennessee Supreme Court · 1910
- Varley v. SimsSupreme Court of Minnesota · 1907
- Hooper v. VanstrumSupreme Court of Minnesota · 1904
- Nybladh v. Peoples State Bank of WarrenSupreme Court of Minnesota · 1956
- Pettis v. McLarneSupreme Court of Minnesota · 1916
12 more not listed; retrieve them via the Exa API.