Legal Opinion

Morgan v. Joslyn

Supreme Court of Minnesota

Decided December 4, 1903No. Nos. 13,628 — (171)Published

Action in the district' court for Olmsted county by plaintiff, as executor of the will of Marietta M. Joslyn, deceased, to recover $1,447.70, money had and received by defendant to plaintiff’s use. The case was tried before Snow, J., who found in favor'of plaintiff for the sum of $407.85. From a judgment entered pursuant to the findings, plaintiff .appealed.

1Opinion of the Court

LEWIS, J.2

Mrs. Joslyn held a mortgage executed by the owner, W. A. Hymes, on lot 12, block 24, in the city of Rochester. She also purchased the premises at an execution sale, subject to the mortgage, and a sheriff’s ■certificate to the property was issued to her. While she was the holder and owner of such mortgage and sheriff’s certificate, before the property was redeemed, and before the expiration for redemption under the execution sale, Mrs. Joslyn died testate. Respondent, Charles A. Joslyn, her son, had for a number of years been acting as her agent, in charge of her real estate and…

2Cases cited2 opinions

  1. Lindley v. CrombieSupreme Court of Minnesota · 1883
  2. Curriden v. St. Paul & Northern Pacific Ry. Co.Supreme Court of Minnesota · 1892

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