Belote v. Morrison
Supreme Court of Minnesota
APPEAL EBOM THE DISTRICT COUBT OE RAMSEY COUNTY. Points and Authorities of Appellants. I. — The conveyance and bond constitute a mortgage merely, and therefore the relief demanded in the complaint cannot be obtained. II. — This is a' proceeding in equity, the answer being admitted to be true, the case stands in the same position of any other equity case, when the party admits the facts, and thereby all questions that the statute of frauds are intended to remedy, are removed.
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APPEAL EBOM THE DISTRICT COUBT OE RAMSEY COUNTY. Points and Authorities of Appellants. I. — The conveyance and bond constitute a mortgage merely, and therefore the relief demanded in the complaint cannot be obtained. II. — This is a' proceeding in equity, the answer being admitted to be true, the case stands in the same position of any other equity case, when the party admits the facts, and thereby all questions that the statute of frauds are intended to remedy, are removed. III. — The facts and circumstances pleaded (and admitted) of themselves show that the deéd was delivered and received…
1Opinion of the Court
By the Court
Flandrau, J.
The complaint in substance alleges that the Plaintiff was, on the 30th day of January, 1861, seized in fee simple and possessed of certain lands. That he bargained and sold the same to Mary Morrison, and executed and delivered to her a bond for a deed, in the penal sum of five thousand dollars, by which he agreed to convey the premises to her on the payment of a note of*$2,000, executed by her and Wilson C. Morrison, on the same day with the bond, to wit, the 30th of January, 1861, and payable on or before the 26th day of May, 1861, and also on the payment of all…
2Cases cited1 opinion
- Dahl v. ProssSupreme Court of Minnesota · 1861
3Cited by4 opinions
- In Re MedillUnited States Bankruptcy Court, D. Minnesota · 1990
- Jones v. RahillySupreme Court of Minnesota · 1871
- Pond Machine Tool Co. v. RobinsonSupreme Court of Minnesota · 1888
- Holton v. MeighenSupreme Court of Minnesota · 1870