Legal Opinion

American Exchange Bank v. Davidson

Supreme Court of Minnesota

Decided September 8, 1897No. Nos. 10,549—(214)PublishedCited by 5 opinions

Appeal by defendants Flora Smith and Basil D. Brown, as assignee of Otis W. Saunders and Elizabeth P. Saunders, from an order of the district court for St. Louis county, Moer, J., granting the motion of defendant Andrew D. Davidson, as assignee of the State Bank of Duluth, insolvent, to strike out portions of their answers.

1Per curiam

This cause is before us upon the appeal of the defendants Brown and Smith from an order striking out portions of their answers as irrelevant and redundant, upon the motion of their co-defendant Davidson.

The allegations of the complaint are to the effect following: That on April 20,1891, Otis W. and Elizabeth P. Saunders, the then owners of two certain lots in the city of Duluth, duly executed to Angus R. Macfarlane a mortgage, which became and was a first lien on the lots, in the sum of $46,000; that afterwards, and on November 28, 1891, the same mortgagors duly executed to H. A. Ware a…

2Cases cited3 opinions

  1. Lewis v. HarwoodSupreme Court of Minnesota · 1881
  2. Dennis v. SpencerSupreme Court of Minnesota · 1892
  3. Howe v. SpaldingSupreme Court of Minnesota · 1892

3Cited by5 opinions

  1. Eller v. NewellSupreme Court of Iowa · 1913
  2. Johnson v. MooreSupreme Court of Oklahoma · 1925
  3. Apelt v. MelinSupreme Court of Minnesota · 1917
  4. Kewitsch v. BeerSupreme Court of Minnesota · 1926
  5. Moeser v. Republic Distributing Co.Ohio Court of Appeals · 1919

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