Phelps v. Western Realty Co
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., sustaining a general demurrer to the complaint.
1Opinion of the CourtLewis, J.
Briefly stated, the complaint in this action sets forth that on March 30,1893, plaintiff and her husband, Carrington Phelps, gave to the St. Paul & Minneapolis Trust Company a mortgage of $16,000, due three years from date, with interest at eight per cent., upon certain property located upon an island in Lake Minnetonka, Hennepin county, consisting altogether of about four hundred acres, eighty of which was occupied as a family homestead. The mortgage was assigned to the Chestnut Street Trust & Savings Fund Company of Philadelphia, and the assignee foreclosed the mortgage under the power…
2Cases cited3 opinions
- Willard v. FinneganSupreme Court of Minnesota · 1890
- Clark v. KrakerSupreme Court of Minnesota · 1892
- Western Realty Co. v. PhelpsSupreme Court of Minnesota · 1902
3Cited by7 opinions
- Oertel v. PierceSupreme Court of Minnesota · 1911
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Fidelity-Philadelphia Trust Co. v. BrownSupreme Court of Minnesota · 1930
- Mulroy v. Sioux Falls Trust & Savings BankSupreme Court of Minnesota · 1925
- Cremer v. MicheletSupreme Court of Minnesota · 1911
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