Jones v. Van Doren
U.S. Circuit Court for the District of Minnesota
Demurrer to Bill of Complaint. The relief prayed for is an accounting, and permission to redeem from a foreclosure of a mortgage on certain real estate. The bill alleges that the complainant is tlie widow of Robert TI„ Jones, who died in April, 1868, intestate, leaving surviving him the complainant, and Samuel J. Jones, his son, and only heir at law; and that at the time of his death the said Robert TI.
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Demurrer to Bill of Complaint. The relief prayed for is an accounting, and permission to redeem from a foreclosure of a mortgage on certain real estate. The bill alleges that the complainant is tlie widow of Robert TI„ Jones, who died in April, 1868, intestate, leaving surviving him the complainant, and Samuel J. Jones, his son, and only heir at law; and that at the time of his death the said Robert TI. Jones was seized in fee of an undivided one-quarter part of certain real estate in Ramsey county, Minnesota; that upon' the death of the said Robert H. Jones, the complainant, as his widow,…
1Opinion of the CourtNelson, J.
It is necessary to the success of the complainant, upon the admitted facts, that the defendant should be divested of the legal title obtained by the purchase at the foreclosure sale. The defendant stands in no better position than the son of the complainant, and to sustain the bill the court must declare the deed to the son, abso-luto and unconditional on its face, a mere power granted by the mother, or that ho held the land in trust for her. The complainant’s solicitor insists the conveyance was a power to do some act in relation to real estate, and appears to disclaim that a valid trust was…
2Cases cited2 opinions
- Noel v. NoelSupreme Court of Iowa · 1855
- Ratliff v. EllisSupreme Court of Iowa · 1855
3Cited by2 opinions
- All v. PrillamanSupreme Court of South Carolina · 1942
- Estate of Snook, Superior Court of California, County of San Francisco1897