Anderson v. Lee
Supreme Court of Minnesota
Action in tbe district court for Hennepin county by plaintiff, as administratrix of tbe estate of Martin A. Anderson, deceased, against Nub S. Lee and August Pritzlaff to enjoin tbe foreclosure of a real-estate mortgage. Tbe cause was tried before McGee, J., without a jury, and judgment was ordered in favor of plaintiff. From an order denying tbe motion of defendant Pritzlaff for a new trial, be appealed.
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Action in tbe district court for Hennepin county by plaintiff, as administratrix of tbe estate of Martin A. Anderson, deceased, against Nub S. Lee and August Pritzlaff to enjoin tbe foreclosure of a real-estate mortgage. Tbe cause was tried before McGee, J., without a jury, and judgment was ordered in favor of plaintiff. From an order denying tbe motion of defendant Pritzlaff for a new trial, be appealed. A seal always imports a consideration, and no sealed instrument can be set aside for want of consideration, except for fraud or illegality. McMillan v. Ames, 33 Minn. 257; Erickson v.…
1Opinion of the Court
START, O. J.
Briefly stated, the material facts found by the trial court in this case'are these: On February 11, 1893, Martin A. Anderson and the plaintiff were, and for a long time prior thereto had been, husband and wife, and on that day they executed a mortgage on a lot owned by Martin A. Anderson to the defendant Lee, purporting to secure a note for $2,000 made by the husband, payable to Lee *399or order, due in five years, -with interest payable annually. The note and mortgage were delivered, and the latter was duly recorded. The note and mortgage were so executed and delivered to Lee without…
2Cases cited4 opinions
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Moffett v. ParkerSupreme Court of Minnesota · 1898
- Nickerson v. Wells-Stone Mercantile Co.Supreme Court of Minnesota · 1898
- Devlin v. QuiggSupreme Court of Minnesota · 1890
3Cited by5 opinions
- Sliman v. MooreSupreme Court of Arkansas · 1939
- Kath v. KathSupreme Court of Minnesota · 1952
- Lake v. MootsSupreme Court of Iowa · 1932
- Burns v. BurnsSupreme Court of Minnesota · 1913
- Turpin v. HayekSupreme Court of Minnesota · 1945