Gates v. Ege
Supreme Court of Minnesota
Appeal by plaintiff, Amanda Gates, from an order of the District Court of Hennepin County, Robert D. Russell, J., made November 20,1893, sustaining a demurrer to her complaint. The defendants, James H. Ege, as Sheriff of Hennepin County, the Northwestern Mutual Life Insurance Company, the Chadbourn Finance Company and Daniel Fish, demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
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Appeal by plaintiff, Amanda Gates, from an order of the District Court of Hennepin County, Robert D. Russell, J., made November 20,1893, sustaining a demurrer to her complaint. The defendants, James H. Ege, as Sheriff of Hennepin County, the Northwestern Mutual Life Insurance Company, the Chadbourn Finance Company and Daniel Fish, demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. It stated among other facts that Jerome F. Tubbs owned lot twelve (12) in block ten (10) in Penniman’s Addition to Minneapolis and on March 13, 1890, he…
1Opinion of the CourtCollins, J.
Although a great number of facts are set forth in the complaint herein, to which a general demurrer, was interposed and sustained, the few which are important and controlling are as .follows: April 6,1891, the premises in controversy were owned by *469one Tubbs. They were then subject to a first mortgage of date-March 13, 1890, and a second of date August 5, 1890, in both which one Topliff was the mortgagee; and were also subject to certain mechanics’ liens. August 10, 1891, the second mortgage was-foreclosed by a sale under a power therein contained, the mortgagee,. Topliff, becoming the…
2Cases cited1 opinion
- State ex rel. Whitcomb v. LockerbySupreme Court of Minnesota · 1894
3Cited by3 opinions
- Nichols v. L & O, INC.Supreme Court of Minnesota · 1972
- Johnson v. MelgesSupreme Court of Minnesota · 1925
- State ex rel. Whitcomb v. LockerbySupreme Court of Minnesota · 1894