Legal Opinion

Wellendorf v. Wellendorf

Supreme Court of Minnesota

Decided February 7, 1913No. Nos. 17,861—(175)PublishedCited by 3 opinions

Action in the district court for Scott county by William Wellendorf and F. E. Logelin, as administrator of the estate of John Wellendorf, deceased, with the will annexed, to adjudge that a certain mortgage and the debt secured thereby were the property of decedent at the time of his death, and that the assignment thereof from him to defendant and the record thereof be declared fraudulent and annulled.

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Action in the district court for Scott county by William Wellendorf and F. E. Logelin, as administrator of the estate of John Wellendorf, deceased, with the will annexed, to adjudge that a certain mortgage and the debt secured thereby were the property of decedent at the time of his death, and that the assignment thereof from him to defendant and the record thereof be declared fraudulent and annulled. The case was tried before Morrison, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action. From an order denying a new trial, plaintiffs appealed.

1Opinion of the CourtBrown, C. J.

Action to set aside and discharge of record an assignment of a real estate mortgage, in which, at the close of the trial below, an order of dismissal for the failure of plaintiff to establish a cause of action was entered, and plaintiffs appealed from an order denying a new' trial.

It appears that John Wellendorf was in his lifetime the owner of a real estate mortgage securing the payment of $900, which was duly recorded in the office of the register of deeds. By an instrument in writing he assigned the mortgage to defendant, his wife, and the assignment was, after the death of Wellendorf,…

2Cases cited2 opinions

  1. Collup v. SmithSupreme Court of Virginia · 1892
  2. Roberts v. NelsonSupreme Court of Minnesota · 1896

3Cited by3 opinions

  1. Colby v. StreetSupreme Court of Minnesota · 1920
  2. Berg v. BergSupreme Court of Minnesota · 1937
  3. In Re Application of FinneganSupreme Court of Minnesota · 1940

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