Legal Opinion

Gilfillan v. Ryder

Supreme Court of Minnesota

Decided August 7, 1875PublishedCited by 1 opinion

Appeal by defendants, Allis and Emmett, from a judgment of the court of common pleas of Ramsey county, where the action was tried before Hall, J., without a jury.

1Opinion of the Court

Berry, J.1

The plaintiff brings this action to obtain a partition of lot 10, in block 53, of Rice & Irvine’s addition to St. Paul. The plaintiff’s ownership of an undivided half of the lot, and his right to partition, are undisputed. The controversy in this court is wholly between the defendants, Ryder, Allis, and Emmett, and relates only to the ownership of the other undivided half of the lot. Ryder and Allis both claim through a sheriff’s sale upon execution. We had occasion to consider the same sale in Messerschmidt v. Baker, (ante p. 81,) and held it to be valid. For the grounds of this…

2Cited by1 opinion

  1. State ex rel. Brooks Bros. v. O'ConnorNorth Dakota Supreme Court · 1896

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