Clement v. Willett
Supreme Court of Minnesota
Action in the district court for Martin county by the administrator of the estate of John Schmitt, deceased, to recover $1,099.51 alleged to be the deficiency due after sale of mortgaged premises upon foreclosure. From an order, Quinn, J., sustaining a demurrer to the complaint, plaintiff appealed.
1Opinion of the Court
ELLIOTT. J.
This is an appeal from an order sustaining a demurrer to a complaint which in substance alleges the following facts: In November,
1904, Fred Schaer and wife gave to John Schmitt, a resident of Iowa, a mortgage on eighty acres of land in Kossuth county, Iowa, to secure the payment of three promissory notes, aggregating the sum of $1,300. On July 11, 1905, Schaer and wife conveyed the land to Frank P. Barnes. Barnes did not assume and agree to pay the debt secured by the Schmitt mortgage. Thereafter, on September 28, 1905, Barnes and wife conveyed the land to David Willett by a deed…
2Cases cited17 opinions
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
- Travers v. DorrSupreme Court of Minnesota · 1895
- Rooney v. KoenigSupreme Court of Minnesota · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Pelser v. GingoldSupreme Court of Minnesota · 1943
- Fry v. AusmanSouth Dakota Supreme Court · 1912
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Reilly v. . SteinhartNew York Court of Appeals · 1916
14 more not listed; retrieve them via the Exa API.