Alt v. Banholzer
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, overruling a demurrer to the answer. The action was brought for the cancellation of a mortgage made by plaintiff’s husband upon their homestead. The answer alleges that after the making and delivery of the mortgage the plaintiff was divorced from her husband, who after the divorce conveyed the premises to the plaintiff, subject, to the mortgage, which plaintiff agreed to pay.
1Opinion of the CourtVanderburgh, J.
A short time before the plaintiff procured a divorce from her husband, one John Alt, the latter executed the mortgage in controversy to the defendant. It embraced the homestead of Alt and his wife, and was not signed by plaintiff, but recited that the-mortgagor was an unmarried man. The demurrer admits that the mortgagor at the time of the execution of the mortgage represented to the defendant that he was unmarried, and that the defendant took the mortgage believing and relying on such representations. Subsequent to the divorce of the parties, and the execution of the mortgage, Alt conveyed…
2Cases cited7 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Freeman v. . AuldNew York Court of Appeals · 1870
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Merchants Exchange National Bank v. Commercial Warehouse Co.New York Court of Appeals · 1872
- Johnson v. . ZinkNew York Court of Appeals · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Key West Wharf & Coal Co. v. PorterSupreme Court of Florida · 1912
- Rice-Stix Dry Goods Co. v. First Nat. Bank of McGregorTexas Commission of Appeals · 1921
- Alt v. BanholzerSupreme Court of Minnesota · 1888
- Curry v. LafonMissouri Court of Appeals · 1908
- Van Meter v. American Central Life Ins. Co.Court of Appeals of Texas · 1935
6 more not listed; retrieve them via the Exa API.