Probstfield v. Czizek
Supreme Court of Minnesota
Plaintiff brought this action.in the district court for Clay county, to recover the possession of real estate. Upon the trial before Stearns, J., and a jury, evidence of the matters contained in the separate answer of the defendant Hattie Czizek was, upon plaintiff’s objection, excluded, upon the ground that the matters therein pleaded were not sufficient to constitute a defence to the action.
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Plaintiff brought this action.in the district court for Clay county, to recover the possession of real estate. Upon the trial before Stearns, J., and a jury, evidence of the matters contained in the separate answer of the defendant Hattie Czizek was, upon plaintiff’s objection, excluded, upon the ground that the matters therein pleaded were not sufficient to constitute a defence to the action. Plaintiff had a verdict, and the defendants appeal from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
The only point raised by this appeal is whether the allegations of new matter in the answer of the defendant Hattie Czizek state facts sufficient to constitute a defence. The action was brought *421to recover possession of lots 7 ancb 8, block 88, in the city of Moor-head, of which plaintiff alleged he was the owner.
While not very artistically pleaded, yet we think that the answer, fairly construed, sufficiently alleges the following facts, viz.: That defendant was the owner of the property in dispute, and also of two other tracts, upon the whole of which there was a mortgage executed by her to…
2Cases cited2 opinions
- Allison v. ArmstrongSupreme Court of Minnesota · 1881
- Conner v. HoweSupreme Court of Minnesota · 1886
3Cited by7 opinions
- Leach v. LeachSupreme Court of Minnesota · 1925
- Miller v. FaslerSupreme Court of Minnesota · 1890
- Bastian v. BrinkSupreme Court of Minnesota · 1951
- Oman v. BalfanySupreme Court of Minnesota · 1925
- Westberg v. PettifordSupreme Court of Minnesota · 1921
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