Teal v. Scandinavian-American Bank
Supreme Court of Minnesota
Action in the district court for Polk county for an injunction restraining defendant bank and the sheriff from foreclosing certain pretended mortgages, for a temporary restraining order during the pendency of this action, and that the mortgages be declared null and void. The defense of the defendant bank is stated in the third paragraph of the opinion.
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Action in the district court for Polk county for an injunction restraining defendant bank and the sheriff from foreclosing certain pretended mortgages, for a temporary restraining order during the pendency of this action, and that the mortgages be declared null and void. The defense of the defendant bank is stated in the third paragraph of the opinion. The case was tried before Watts, J., who made findings of fact and as conclusion of law found that defendant bank had no title to the premises; that plaintinff was entitled to judgment enjoining defendant bank from foreclosing either of the…
1Opinion of the CourtBrown, J.
On January 12, 1906, and prior thereto, plaintiff was the owner of five hundred sixty acres of land in Polk county, this state. It was heavily incumbered by mortgages, and plaintiff was otherwise *437indebted to various persons. On tbe day stated he conveyed the property to one Johnson upon the understanding that he (Johnson) would pay and discharge the incumbrances against it, and, upon repayment by plaintiff, reconvey the property. At 'the same time and as a part of the same transaction plaintiff gave to Johnson a bill of sale of practically all his personal property, horses, cattle, and farm…
2Cases cited17 opinions
- Niles v. CooperSupreme Court of Minnesota · 1906
- In re Hess' EstateSupreme Court of Minnesota · 1894
- Minnesota Debenture Co. v. JohnsonSupreme Court of Minnesota · 1905
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- Canfield v. HardSupreme Court of Vermont · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- Claflin v. Commercial State Bank of Two HarborsCourt of Appeals of Minnesota · 1992
- Joanis v. Wayzata Bank & Trust Co. (In Re Investment Sales Diversified, Inc.)United States Bankruptcy Court, D. Minnesota · 1985
- Beutel v. Joanis (In Re Investment Sales Diversified, Inc.)United States Bankruptcy Court, D. Minnesota · 1984
- Young v. BakerSupreme Court of Minnesota · 1915
12 more not listed; retrieve them via the Exa API.