Legal Opinion

Rumrill v. First National Bank

Supreme Court of Minnesota

Decided July 29, 1881PublishedCited by 9 opinions

Appeal by plaintiffs from a judgment of the district court for Freeborn county, where the action was tried by Farmer, J., without a. jury.

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Appeal by plaintiffs from a judgment of the district court for Freeborn county, where the action was tried by Farmer, J., without a. jury. The portion of the files of the probate court which the defendants did not offer in evidence were, (as stated in the record,) “a paper purporting to be an admission of service, which defendants claim is. incompetent because it is not required by law, and a paper which purports to be a request of the minors to the probate court for the appointment of an administrator, which is also incompetent for the same reason.”

1Opinion of the CourtGilfillan, C. J.

Ejectment. The plaintiffs claim as heirs-at-law of Hiram Eumrill, deceased. The defendants, except Keeler, who does not answer, claim under a sale by the administrator of Eumrill,, upon license issued by the probate court having administration of his estate in its jurisdiction. Judgment for defendant was rendered, after a trial by the court without a jury. A sale in fact by the administrator was proved. The administrator took the oath, and gave the notice of sale required by law. At the sale the land was sold to-*203the defendant Keeler, who purchased in good faith. The sale was duly confirmed,…

2Cases cited3 opinions

  1. Mohr v. PorterWisconsin Supreme Court · 1881
  2. Marvin v. SchillingMichigan Supreme Court · 1864
  3. Reynolds v. SchmidtWisconsin Supreme Court · 1866

3Cited by9 opinions

  1. Davis v. HudsonSupreme Court of Minnesota · 1881
  2. Seebold v. EustermannSupreme Court of Minnesota · 1944
  3. Balch v. HooperSupreme Court of Minnesota · 1884
  4. Hubermann v. EvansNebraska Supreme Court · 1896
  5. Deppe v. FordSupreme Court of Minnesota · 1903

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