Winters v. Ellefson
Supreme Court of Minnesota
Action in the district court for St. Louis county upon two causes of action to recover $775.05. From an order, Dancer, J., sustaining defendant’s demurrer to plaintiffs’ amended complaint, plaintiffs appealed.
1Opinion of the CourtPhilip E. Brown, J.
The court below sustained a demurrer interposed to the complaint on the grounds of lack of jurisdiction and no cause of action stated. Plaintiff appealed.
According to the complaint, plaintiffs were the sole heirs at law of John Stream, who died intestate in 1905 owning several described tracts of land in St. Louis county. Defendant was appointed administrator of his estate by its probate court, and continued to act as such “until discharged by the said probate court” in 1911. Some of these lands were sold for taxes before defendant’s appointment, and one tract became delinquent thereafter…
2Cases cited4 opinions
- Thompson v. ThompsonSupreme Court of Georgia · 1887
- Brown v. StromSupreme Court of Minnesota · 1910
- State ex rel. Gage v. Probate CourtSupreme Court of Minnesota · 1910
- Cummings v. BradleySupreme Court of Alabama · 1876
3Cited by3 opinions
- In Re Trusteeship Under Last Will of RosenfeldtSupreme Court of Minnesota · 1932
- Thompson v. United StatesDistrict Court, D. Minnesota · 1925
- Burns v. New Amsterdam Casualty Co.Supreme Court of Minnesota · 1939