Legal Opinion

First National Bank v. How

Supreme Court of Minnesota

Decided May 29, 1895No. Nos. 9390—(100)PublishedCited by 2 opinions

In the matter of the assignment of Mary M. How, an insolvent debtor, pending in the district court for Scott county, the First National Bank of Shakopee and other creditors filed their petition praying that a certain selection of land made by the insolvent as her homestead be set aside and that the homestead to which she was entitled be ascertained by the court.

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In the matter of the assignment of Mary M. How, an insolvent debtor, pending in the district court for Scott county, the First National Bank of Shakopee and other creditors filed their petition praying that a certain selection of land made by the insolvent as her homestead be set aside and that the homestead to which she was entitled be ascertained by the court. From an order, Cadwell, J., requiring that the insolvent make a new selection as directed by the court, she appealed.

1Opinion of the Court

CANTY, J.3

Mary M. How made an assignment of all her unexempt property for the benefit of her creditors, under the insolvency law of this state. At the time of the assignment she was the owner of the undivided one-half of lot 1, and the owner of all of lots 2, 3, 4, and the front 102 feet of lot 5, and the buildings on these lots, all as appears by the plat hereto attached:

*240All of her dwelling house is on lot 2, except a few feet of one wing, which extends over upon lot 1, and a few feet of the other wing, which extends over upon lot 3. • Her homestead is, and for many years has been, upon this…

2Cited by2 opinions

  1. Fidelity-Philadelphia Trust Co. v. BrownSupreme Court of Minnesota · 1930
  2. Phelps v. Northern Trust Co.Supreme Court of Minnesota · 1897

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