Legal Opinion

Staughton v. Simpson

Supreme Court of Minnesota

Decided June 14, 1898No. Nos. 11,026-(128)PublishedCited by 2 opinions

Appeal by plaintiff from an order of the district court for Winona county, Snow, J., denying a motion for a new trial.

1Opinion of the Court

CANTY, J.1

This is the second appeal in this action. See 69 Minn. 314, 72 N. W. 126. After the mandate on the last appeal was filed in the court below,' the case was again tried, and the court found that the quitclaim deed from De Graff to defendant was intended by all parties as a mortgage to secure the payment to defendant of the $3,864.18 paid by him to De Graff on March 28, 1877. The court further found

“That said payment last mentioned was made by said defendant, and said deed from said De Graff -was taken by him in pursuance of an oral agreement or understanding between the said defendant…

2Cases cited2 opinions

  1. Staughton v. SimpsonSupreme Court of Minnesota · 1897
  2. Swank v. Great Northern Railway Co.Supreme Court of Minnesota · 1895

3Cited by2 opinions

  1. Blindman v. Industrial Loan & Thrift Corp.Supreme Court of Minnesota · 1936
  2. Wolpert v. FosterSupreme Court of Minnesota · 1977

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