Moreland v. Lawrence
Supreme Court of Minnesota
This action was brought in January, 1866, in the district court for Houston county, to foreclose a mortgage of lands in that county, bearing date May 6, 1856, made by defendant to one L. H. Smith, who died in 1857, and of whose estate plaintiff claimed to be administrator. The plaintiff alleged that one Kelly had fraudulently, and without consideration, obtained possession of the mortgage and mortgage notes, and had delivered them to defendant, who still retained them.
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This action was brought in January, 1866, in the district court for Houston county, to foreclose a mortgage of lands in that county, bearing date May 6, 1856, made by defendant to one L. H. Smith, who died in 1857, and of whose estate plaintiff claimed to be administrator. The plaintiff alleged that one Kelly had fraudulently, and without consideration, obtained possession of the mortgage and mortgage notes, and had delivered them to defendant, who still retained them. The defendant, in his answer, denied the ■plaintiff’s capacity as administrator, alleged that the mortgage was void because…
1Opinion of the CourtBerry, J.
1. Whether there was evidence to justify the referee in finding that the plaintiff was administrator of L. D. Smith, is the first of the main questions presented by this case. It appeared that, at the time of his death, Smith left estate to be administered in Houston county, and that he was either a resident of that county or not a resident of this state. In either event the probate court of Houston county had jurisdiction to appoint an administrator of his estate. Gen. St. c. 51, § 2. It further appeared that letters of administration upon his estate wore issued, by the probate court…
2Cases cited8 opinions
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Humphrey v. HavensSupreme Court of Minnesota · 1867
- Lash v. LambertSupreme Court of Minnesota · 1870
- Talcott v. MarstonSupreme Court of Minnesota · 1859
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3Cited by18 opinions
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