Russell v. Reed
Supreme Court of Minnesota
After the decision of a former appeal, (reported 32 Minn. 45,) this action was again tried in the district court for McLeod county before Macdonald, J., and the same special questions as before were submitted to the jury, with the same result as on the former trial. Judgment was ordered for plaintiff, a new trial was refused, and the defendant appealed.
1Opinion of the CourtVanderburgh, J.
This is an action in equity, brought for a perpetual injunction to restrain the foreclosure of a mortgage, on the ground of an alleged fraudulent alteration thereof by the defendant. There were special findings of fact by a jury, upon which judgment was,ordered by the court in plaintiff’s favor, and from a subsequent ■order denying a new trial defendant appeals.
As respects the alteration of the instrument, the jury find that it was changed, and the amount secured materially increased, after the •execution thereof, without the consent of the plaintiff, and that it was given to secure $1,700,…
2Cases cited4 opinions
- Waring v. SmythNew York Court of Chancery · 1847
- Meyer v. . HunekeNew York Court of Appeals · 1874
- Ames v. BrownSupreme Court of Minnesota · 1875
- Marcy v. DunlapNew York Supreme Court · 1872
3Cited by3 opinions
- Warder, Bushnell & Glessner Co. v. WillyardSupreme Court of Minnesota · 1891
- Foote v. HambrickMississippi Supreme Court · 1892
- Hannah v. State BankSupreme Court of Minnesota · 1935