Ferguson v. Kumler
Supreme Court of Minnesota
This action was commenced before a justice of the peace, under Gen. St. c. 84, § 11, to dispossess defendant of certain land, which had been sold on execution against him to plaintiff, and the time for redemption from the sale having expired. The title to real estate becoming involved, the action was certified to the district court for McLeod county.
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This action was commenced before a justice of the peace, under Gen. St. c. 84, § 11, to dispossess defendant of certain land, which had been sold on execution against him to plaintiff, and the time for redemption from the sale having expired. The title to real estate becoming involved, the action was certified to the district court for McLeod county. After the decision of the former appeal (reported, 25 Minn. 183,) the action ■was retried before Macdonald, J., and a jury, which returned a special finding of the facts and a general verdict for defendant. The plaintiff moved for judgment on the…
1Opinion of the CourtCornell, J.
In the special findings returned by the jury, it is stated that, at the time of the levy, the defendant notified the sheriff that he claimed a homestead in the land whereon he resided with his family, but that he did not in any manner designate to the officer any particular part of the premises which he claimed as a homestead. There is no specific finding, however, in respect to the allegations of the answer, “that he, the said defendant, there and then notified the sheriff that he regarded and claimed 80 acres of said premises as his homestead, and did then and there demand of said officer…
2Cases cited4 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Ferguson v. KumlerSupreme Court of Minnesota · 1878
- Davis v. SmithSupreme Court of Minnesota · 1862
3Cited by28 opinions
- Cargill, Inc. v. HedgeSupreme Court of Minnesota · 1985
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
- Thysell v. McDonaldSupreme Court of Minnesota · 1916
- Panuska v. Johnson (In re Johnson)Court of Appeals for the Eighth Circuit · 1989
- Drenttel v. Jensen-Carter (In Re Drenttel)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
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