Public-domain · open source
OpenJurist

41 Minn. 194

Cain v. McGeenty

Supreme Court of Minnesota

Decided July 8, 1889

Supreme Court of Minnesota · decided 1889-07-08

On August 22, 1868, John McGeenty, defendants’ father, was appointed by the probate court of Hennepin county administrator of the estate of Bernard Cain, plaintiff’s father, who died seized in fee of certain land in that county.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-07-08

How this case has been cited

Cited by 10 later decisions — most recently May 1983

9 state decisions

4018891890190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Gileillan, C. J.

¶1We might have been better satisfied with the result below had the decision been in favor of the plaintiff; for although, upon the essential issues of fact, the evidence in favor of the defendants was direct and positive, the circumstances in the case were such as to east serious suspicion upon that evidence, — suspicion that would have justified the court in finding that the administrator’s sale was fraudulent, and the purchase at it, ostensibly made by Patrick Mc-Geenty for himself, was in fact made for and in the interest of the administrator. The court below, however, gave credit to the testimony of the witnesses as it was rendered; and the circumstances indicating its falsity were not so conclusive as to justify us, within our rules of decision in such cases, in disturbing the finding. The relationship existing between the administrator and the purchaser — that of father and son, (the latter an adult) — was a circumstance to be considered, with the others in the case, in determining the question of actual fraud in the sale; but the law would not infer fraud from it.

¶2Order affirmed.

/41/minn/194 · .json · Public domain