Stradcutter v. Stradcutter
Supreme Court of Minnesota
Action in the district court for Scott county to recover possession of a note and mortgage and also of a Liberty bond. The case was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, Peter Stradcutter, substituted for the State Bank of Belle ■ Plaine, appealed.
1Opinion of the CourtQuinn, J.
Appeal from a judgment entered after trial before the district court without a jury. The action was brought by the plaintiff as administrator of the estate of Frank Stradcutter, deceased, to recover possession of a certain mortgage and note given by Joseph Stradcutter and wife for $2,415 upon certain lands in Scott county, also one liberty bond for $50.
The facts are not in dispute. Frank Stradcutter, brother of the defendant, Peter Stradcutter, was the owner and in possession of the securities mentioned. In June, 1918, he entered the American army for military service in the war with the…
2Cases cited3 opinions
- Smith v. DorseyIndiana Supreme Court · 1872
- Irish v. NuttingNew York Supreme Court · 1867
- Reedy v. KelleySupreme Court of Alabama · 1921
3Cited by1 opinion
- In re the Estate of ReardonNew York Surrogate's Court · 1940