Grimm v. Grimm

• Decision Date: 12 January 1934
• Docket Number: No. 29726.,29726.
• Citation: Grimm v. Grimm, 190 Minn. 474, 252 N.W. 231 (Minn. 1934)
• Parties: GRIMM v. GRIMM et al.
• Court: Minnesota Supreme Court

252 N.W. 231

190 Minn. 474

GRIMM v. GRIMM et al.

No. 29726.

Supreme Court of Minnesota.

January 12, 1934.

Appeal from District Court, McLeod County; C. M. Tifft, Judge.

Action by John Grimm against Edith Grimm and others. From an order confirming a sale in partition, certain of the defendants appeal.

Affirmed.

Herbert H. Hoar, of Glencoe, for appellants.

Joseph P. O'Hara, of Glencoe, for respondent.

DIBELL, Justice.

The plaintiff brought an action against the defendants for a partition of real estate. There were findings and an order directing a sale in partition. Certain of the defendants appeal from the order of confirmation.

1. The claim of the appealing defendants is that the price at which the sale was made is inadequate.

The judgment of partition directed the sale of a quarter section of land in McLeod county, a 40-acre tract adjoining it, and several lots in the townsite of Glencoe. The quarter section sold for $9,600. The plaintiff was the bidder. The 40-acre tract was sold for $1,000 to a stranger to the record. The lots in Glencoe were offered for sale. There was no bidder. In support of a confirmation of the sale the plaintiff relied largely upon the testimony of neighborhood farmers who gave their opinions of value. There were few actual sales. This does not prevent the finding of actual value.

In 1 Wigmore Ev. (2d Ed.) § 714 (5), after a helpful and practical discussion, a part of the rule upon the admissibility of evidence of value is stated:

"A sufficient qualification is usually declared to exist where the witness is a resident, land-owner, or farmer in the neighborhood. The phrase differs in different jurisdictions and in different rulings of the same court; the notion is that of a person who has both an interest and an opportunity to make himself acquainted with land values around him."

It is our holding that farmers having an opinion of the value of farm lands in their neighborhood may give it. Falkenhagen v. Yellow Medicine, etc., County, 144 Minn. 257, 175 N. W. 102. This rule is not a departure from settled law. Farmers are interested in neighborhood farms. They know the character of the land and the nature of the improvements. They are in touch with them. Their calling presumptively makes them familiar with their value; and so the law says that, having an opinion, they may give it without further foundation. Their testimony is competent; its weight is for the trial tribunal. This rule of evidence is illustrated in analogous situations. Byrne v. Minneapolis & St. Louis Ry. Co., 29 Minn. 200, 12 N. W. 698 (value of growing grass); Loucks v. Chicago, Milwaukee & St. Paul Ry. Co., 31 Minn. 526, 18 N. W. 651 (value of farm labor); Finch v Chicago, Milwaukee & St. Paul Ry. Co., 46 Minn. 250, 48 N. W. 915 (effect on rental value of leaving farm unfenced); McLennan v. Minneapolis & Northern Elevator Co., 57 Minn. 317, 59 N. W. 628 (value of wheat); Linde v. Gaffke, 81 Minn. 304, 84 N. W. 41 (value of wheat); Matteson v. Blaisdell, 148 Minn. 352, 182 N. W. 442 (value of the labor of a boy on a farm); 2 Dunnell, Minn. Dig. (2d Ed. & Supp.) § 3335. The court did not err in receiving the testimony to which reference is had.

2. The evidence sustains the order of confirmation. The plaintiff alleged in his complaint that the land and lots were worth $14,500. It is fairly inferred that the lots were of no considerable value. The sale of the quarter section and of the forty was for $10,600. The plaintiff's allegation of value is unfavorable to his testimony on the hearing.

There is evidence that the house and the other buildings on the quarter section are old and in disrepair. It would cost a considerable sum to put them in condition — from $800 to $1,500. About 60 acres of the quarter section are low and uncultivated and partially waste. There is a streak of sand extending into the quarter. It comprises several acres. The 40-acre tract is...