Nell v. Dayton
Supreme Court of Minnesota
Plaintiff brought tbis action in the district court for Hennepin county against defendant May I. Dayton and her husband, Lyman C. Dayton, (plaintiff’s son by a former husband, Lyman Dayton,) to avoid the deed • mentioned in the opinion. The defendants appeal from an order of Young, J., refusing a new trial.
1Opinion of the CourtMitchell, J.
This action was brought to have a deed of certain *243real estate, executed by plaintiff to defendant May I. Dayton, adjudged void on the grounds, first, that it was obtained by duress, and without consideration; and, second, that the plaintiff was a married woman, and her husband did not join with her in the conveyance. The court found that, while the means used by the defendant Lyman C. Dayton to induce plaintiff to execute the deed were unfilial and reprehensible, yet they did not in law constitute duress; but he further found that the deed was void because the plaintiff was a married woman,…
2Cases cited4 opinions
- Tatge v. TatgeSupreme Court of Minnesota · 1885
- Wheaton v. ThompsonSupreme Court of Minnesota · 1873
- Gregg v. OwensSupreme Court of Minnesota · 1887
- Yager v. MerkleSupreme Court of Minnesota · 1880
3Cited by8 opinions
- Atwater v. Manchester Savings BankSupreme Court of Minnesota · 1891
- Village of Wells v. Layne-Minnesota Co.Supreme Court of Minnesota · 1953
- Schaefer v. NylinSupreme Court of Minnesota · 1925
- Althen v. TarboxSupreme Court of Minnesota · 1892
- Miller v. AhrensU.S. Circuit Court for the District of Northern West Virginia · 1908
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