Heisler v. C. Aultman & Co.
Supreme Court of Minnesota
Appeal by defendant, C. Aultman & Co., a corporation, from an order of the District Court of Blue Earth County, M. J. Severance, J., made August 14,1893, denying its motion for a new trial. Equity will not afford relief to plaintiff on the ground that she has lost her remedy at law through mere ignorance of the judgment, the knowledge of which might have been obtained by due diligence and inquiry.
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Appeal by defendant, C. Aultman & Co., a corporation, from an order of the District Court of Blue Earth County, M. J. Severance, J., made August 14,1893, denying its motion for a new trial. Equity will not afford relief to plaintiff on the ground that she has lost her remedy at law through mere ignorance of the judgment, the knowledge of which might have been obtained by due diligence and inquiry. Conner v. Welch, 51 Wis. 431; Mamlock v. Fairbanks, 46 Wis. 415; Grymes v. Sanders, 93 U. S. 55; Voorhis v. Murphy, 26 N. J. Eq. 434; Dillett v. Kemble, 25 N. J. Eq. 66; Haggerty v. McCanna, 25 N.…
1Opinion of the CourtCollins, J.
Stated in chronological order, the controlling facts in this case are as follows: July 28, 1880, defendant corporation duly recovered, and caused to be docketed in the office of the clerk of the District Court for Blue Earth county, in this state, a judgment for the sum of $844.09 against one John C. Heisler and another. In March, 1886, said Heisler purchased, and there was duly conveyed to him by warranty deed, a farm in said county, consisting of one hundred and ten acres, subject to a mortgage for the sum of $900; and, for the vendor’s interest, Heisler agreed to pay the sum of $1,450, to…
2Cases cited4 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Barnes v. . MottNew York Court of Appeals · 1876
- Overholser v. ClarkTennessee Supreme Court · 1850
- Wentworth v. TubbsSupreme Court of Minnesota · 1893
3Cited by16 opinions
- Universal Title Insurance Company, a Minnesota Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1991
- Martin v. HickenlooperUtah Supreme Court · 1936
- Rinn v. First Union National Bank of MarylandDistrict Court, D. Maryland · 1995
- Citizens State Bank v. Raven Trading Partners, Inc.Supreme Court of Minnesota · 2010
- Enterprise Bank v. Federal Land BankSupreme Court of South Carolina · 1927
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