Sandwich Mfg. Co. v. Zellmer
Supreme Court of Minnesota
Appeal by plaintiff, the Sandwich Manufacturing Company, from a judgment of the district court of Rock county, Perkins, J., entered June 1, 1891, in favor of the defendants. ' This action was commenced September 30, 1889, to foreclose a mortgage made by Julius Zellmer and his wife, Fredericke Zellmer, to plaintiff on September 11, 1882, upon a quarter section of land belonging to him, and on which they resided. The'north half of the land was his homestead.
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Appeal by plaintiff, the Sandwich Manufacturing Company, from a judgment of the district court of Rock county, Perkins, J., entered June 1, 1891, in favor of the defendants. ' This action was commenced September 30, 1889, to foreclose a mortgage made by Julius Zellmer and his wife, Fredericke Zellmer, to plaintiff on September 11, 1882, upon a quarter section of land belonging to him, and on which they resided. The'north half of the land was his homestead. The mortgage was given to secure the payment of their three joint promissory notes, each for $162.75, with 10 per cent, interest, and…
1Opinion of the CourtVanderburgh, J.
On the 11th day of September, 1882, the defendants Julius Zellmer and Fredericke Zellmer, his wife, executed and delivered to the plaintiff the three several notes or contracts in writing described in the complaint, whereby they agreed to pay the plaintiff, in the aggregate, the sum of $488.29. They were given in consideration of, and to secure, the individual indebtedness to plaintiff of Julius Zellmer to that amount. They also, at the same time, duly executed the mortgage deed set up in the complaint, which instrument contained a covenant against prior incumbrances “except a mortgage of…
2Cases cited12 opinions
- Gerdine v. MenageSupreme Court of Minnesota · 1889
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Major v. HolmesMassachusetts Supreme Judicial Court · 1878
- Kingsley v. GilmanSupreme Court of Minnesota · 1870
- Bennett v. KeehnWisconsin Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State Ex Rel. Rockwell v. State Board of EducationSupreme Court of Minnesota · 1942
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- In Re Estate of RaynoldsSupreme Court of Minnesota · 1945
- Rooney v. KoenigSupreme Court of Minnesota · 1900
- Aure v. MacKoffNorth Dakota Supreme Court · 1958
22 more not listed; retrieve them via the Exa API.