Freeman v. Lawton
Supreme Court of Minnesota
Appeal by defendant, Ella B. Lawton, from an order of the District Court of Ramsey County, William Louis Kelly, J., made April 4, .1894, denying her motion for a new trial. Edgar C. Varney and wife and William A. McManigal and wife on December 28, 1888, conveyed to defendant a lot on the northeast corner of South Robert and Annapolis streets in West St. Paul.
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Appeal by defendant, Ella B. Lawton, from an order of the District Court of Ramsey County, William Louis Kelly, J., made April 4, .1894, denying her motion for a new trial. Edgar C. Varney and wife and William A. McManigal and wife on December 28, 1888, conveyed to defendant a lot on the northeast corner of South Robert and Annapolis streets in West St. Paul. The deed stated that “the conveyance is subject to eight mortgages aggregating $2,470 all which mortgages with interest at eight per cent payable semiannually the said grantee, Ella B. Lawton, assumes and agrees to pay when due as and…
1Opinion of the CourtMitchell, J.
This action was brought upon the alleged agreement of defendant to assume and pay certain mortgages upon land conveyed to her by the mortgagors.
The only question in the case is whether the evidence justified a finding that there had been a delivery by the grantors, and an acceptance by the defendant, of the conveyance containing the “assumption clause.” This question can hardly admit of doubt. It is true the deed was delivered to and accepted by defendant’s husband, and not by her personally; but it is familiar law that delivery, absolute,, as to the grantor, made to an authorized third…
2Cases cited1 opinion
- Hencke v. TwomeySupreme Court of Minnesota · 1894
3Cited by2 opinions
- Hencke v. TwomeySupreme Court of Minnesota · 1894
- Stewart v. CowlesSupreme Court of Minnesota · 1897