Legal Opinion

Welch v. Marks

Supreme Court of Minnesota

Decided December 6, 1888PublishedCited by 3 opinions

Appeal by defendants from an order of the district court for Sibley county, Edson, J., presiding, denying their motion to set aside a judgment of sale in a partition suit and all proceedings thereon.

1Opinion of the CourtCollins, J.

Plaintiff above named, claiming to be the owner of an undivided two-ninths of certain real estate situated in Benton county, brought an action for partition, averring in his complaint a tenancy in common, and stating the respective interests of each of the defendants. There were further allegations as to the value of the property, and that partition could not be made without great prejudice to the owners. The complaint concluded with the usual demand for a sale by a referee, and a division of the proceeds among the parties, plaintiff and defendants, as their interests might appear. The…

2Cases cited3 opinions

  1. Toler v. AyresTexas Supreme Court · 1846
  2. Jewett v. MorrisMichigan Supreme Court · 1879
  3. Molloy v. BatchelderSupreme Court of Missouri · 1879

3Cited by3 opinions

  1. Sommers v. ThomasSupreme Court of Minnesota · 1958
  2. Aldrich v. ChaseSupreme Court of Minnesota · 1897
  3. White v. GurneySupreme Court of Minnesota · 1904

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