Roehl v. Baasen
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and Authorities of Appellants. I. — The Court erred in excluding the testimony of Jolin Roehl (folio J6,) as to what was said by Pross to Roehl about the quit claim deed, when it was executed.
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APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and Authorities of Appellants. I. — The Court erred in excluding the testimony of Jolin Roehl (folio J6,) as to what was said by Pross to Roehl about the quit claim deed, when it was executed. The amended complaint (folio 8) states that “ Pross informed bim, plaintiff John Roebl, that said deed was a power of attorney, authorizing said Pross to locate Half-breed scrip on said land, in the name of plaintiff, John Roelil, and plaintiff, John Roehl, says when he executed said quit claim deed, he believed said statement of Pross, that it was…
1Opinion of the Court
By the Court
Atwatee, J.
This was an action to cancel and set aside a note and mortgage given by Plaintiffs to one Pross, and by him assigned to Defendant, Baasen. The ground upon which the relief is claimed, is, that the mortgage was fraudulently obtained by Pross, and that Defendant took the assignment with notice of the fraud. There was a jury trial, and verdict for the Defendant. The Plaintiffs moved for a new trial, which was denied, and Plaintiffs appeal.
The Plaintiff, who was sworn as a witness on the trial, stated, that “ Pross told me something when the quit claim deed was executed, in…
2Cited by4 opinions
- Kumler v. FergusonSupreme Court of Minnesota · 1875
- Lampe v. United Railways Co.Missouri Court of Appeals · 1913
- Thomas v. CommonwealthSupreme Court of Virginia · 1907
- Wild v. RarigSupreme Court of Minnesota · 1975