Holien v. Slee
Supreme Court of Minnesota
Action in the district court for Goodhue county for an account o£ the amount due defendant upon certain loans made by him to plaintiff’s husband, and to compel defendant to reconvey the interest o£ plaintiff in the lands conveyed to defendant to secure payment o£ the loans, or for a partition, or if that could not be made for a sale of plaintiff’s share and the balance due her after payment of the expenses. Plaintiff’s children were made parties plaintiff by order of court.
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Action in the district court for Goodhue county for an account o£ the amount due defendant upon certain loans made by him to plaintiff’s husband, and to compel defendant to reconvey the interest o£ plaintiff in the lands conveyed to defendant to secure payment o£ the loans, or for a partition, or if that could not be made for a sale of plaintiff’s share and the balance due her after payment of the expenses. Plaintiff’s children were made parties plaintiff by order of court. Defendant Slee’s answer expressly denied that the deeds mentioned in the complaint as executed by plaintiff and her…
1Opinion of the CourtPhilip E. Brown, J.
Action seeking to have certain deeds executed by the plaintiff, Oline Holien, and her deceased husband, Andrew A. Holien, adjudged to be mortgages, and for other relief permissible only on the theory that such deeds were mortgages. There is practically no dispute concerning the main facts, which, stated chronologically, are as follows:
On December 7, 1891, Andrew O. Holien, the husband of the plaintiff Oline, was the owner in fee and in possession of lots 9 and 10, of block 4, in Dennison, and on that date, being indebted to the defendant in the sum of $330, they executed a mortgage on such…
2Cases cited3 opinions
- Oertel v. PierceSupreme Court of Minnesota · 1911
- Marshall v. ThompsonSupreme Court of Minnesota · 1888
- Simpson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1899
3Cited by11 opinions
- Eyre v. City of FaribaultSupreme Court of Minnesota · 1913
- In Re Estate of MollanSupreme Court of Minnesota · 1930
- Gagne v. HobanSupreme Court of Minnesota · 1968
- O'Connor v. SchwanSupreme Court of Minnesota · 1933
- Foster v. BrickSupreme Court of Minnesota · 1913
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