Goulet v. Dubreuille
Supreme Court of Minnesota
Action in the district court for Morrison county against defendants, Joseph Dubreuille and Marie Dubreuille, his wife, to foreclose a real-estate mortgage, which embraced the homestead of defendants. The case was tried before Searle, J., who found as facts that the mortgage was duly executed by defendant Joseph, but that it was not executed by defendant Marie, his wife, and as conclusion of law found that the mortgage was void as to the homestead.
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Action in the district court for Morrison county against defendants, Joseph Dubreuille and Marie Dubreuille, his wife, to foreclose a real-estate mortgage, which embraced the homestead of defendants. The case was tried before Searle, J., who found as facts that the mortgage was duly executed by defendant Joseph, but that it was not executed by defendant Marie, his wife, and as conclusion of law found that the mortgage was void as to the homestead. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtCollins, J.
This was an action brought to foreclose a real-estate mortgage; the defendants, husband and wife, being the mortgagors and the plaintiff the assignee of the original mortgagee. The complaint contained the usual allegations. The answer admitted the ownership of the premises involved — one hundred and sixty acres of land — at the time of the alleged execution of the mortgage and the notes thereby secured. It admitted some, and denied other, allegations of the complaint, and contained the following paragraph:
“Further answering, defendants deny that they ever made, executed, or delivered the…
2Cases cited3 opinions
- Insurance Co. v. NelsonSupreme Court of the United States · 1881
- Morrison v. PorterSupreme Court of Minnesota · 1886
- Lennon v. WhiteSupreme Court of Minnesota · 1895
3Cited by4 opinions
- Summit Mercantile Co. v. DaigleSupreme Court of Minnesota · 1920
- County of Dodge v. MartinSupreme Court of Minnesota · 1965
- Skajewski v. ZantarskiSupreme Court of Minnesota · 1907
- Picetti v. OrcioNevada Supreme Court · 1936