42 Minn. 361 | Minn. | 1890
The only question presented by the record is whether Henry F. Ortley, under whom defendants claim title, and •Jane Ortley, were husband and wife, so that the former, under the laws of inheritance and descent in this state, became entitled to the land in controversy as the heir-at-law of Henry F. Ortley, Jr., deceased, who was the patentee of the land, and is admitted to have been the child of the parties first named. It is denied by the respondents that Jane was the lawful wife of the first-named Henry Ortley. The case was tried before a referee, who found for the defendants on the issue presented, and among other facts that the child
Order reversed, and case remanded, with directions to render judgment for the defendants upon the report of the referee.