Madsen v. Miller

Appeal from an order denying defendant’s motion for a new trial.

This is an action to restrain the foreclosure of the mortgage described in the complaint and to cancel it of record and set it aside as null and void, and for the cancelation of the note and coupons secured by said mortgage. Plaintiff was the owner of two dwelling houses in Minneapolis situate upon adjoining lots. She lived in one of the houses; the other, here involved, was new and unoccupied. In securing money to build the new house, plaintiff gave to the Minneapolis Savings & Loan Association a mortgage for $2,500. She was…