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Phelps v. Northern Trust Co.

73 N.W. 842, 70 Minn. 546, 1897 Minn. LEXIS 106
CourtSupreme Court of Minnesota
DecidedDecember 23, 1897
DocketNos. 10,727-(191)
StatusPublished
Cited by3 cases

This text of 73 N.W. 842 (Phelps v. Northern Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phelps v. Northern Trust Co., 73 N.W. 842, 70 Minn. 546, 1897 Minn. LEXIS 106 (Mich. 1897).

Opinion

start, C. J.

This action was brought to remove a cloud on the plaintiff’s title to the land described in the complaint, the plaintiff alleging that the whole thereof is and has been his homestead from a date prior to the docketing of two certain judgments in favor of the defendant and against the plaintiff. A part of the land was platted by the plaintiff into lots as hereinafter stated, and the defendant levied upon 57 of the lots by virtue of one of the judgments, and thereupon the plaintiff brought this action. The defendant denied that the part of the lots levied upon were any part of plaintiff’s homestead.

The trial court found, among other matters, that the plaintiff at all times stated in the complaint was the owner of the 80 acres of land therein described, and resided thereon with his family, and made the same his home, and that no part thereof was ever included within the laid-out or platted portion of any incorporated town, city or village; and, as a conclusion of law, that neither of the judgments was a lien on such land or any part thereof, and directed judgment accordingly. The defendants appealed from an order denying their motion for a new trial.

1. The first assignment of error is to the effect that the court’s finding that the plaintiff resided upon the land during all the times stated as his home is not justified by the evidence. Our conclusion, based upon an examination of the record, is that the finding is sustained by the evidence.

2. The second and only other question raised by the remaining assignments of error is whether the plaintiff, by platting a part of

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Related

In Re Priebe
69 B.R. 100 (D. Minnesota, 1987)
Gale v. Hopkins
206 N.W. 164 (Supreme Court of Minnesota, 1925)
Brixius v. Reimringer
112 N.W. 273 (Supreme Court of Minnesota, 1907)

Cite This Page — Counsel Stack

Bluebook (online)
73 N.W. 842, 70 Minn. 546, 1897 Minn. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-northern-trust-co-minn-1897.