Allen v. Velie
Supreme Court of Minnesota
Action in the district court for Hennepin county by the receiver of O. W. Kerr Company to have a certain agreement dated October 12, 1914, declared a mortgage to secure the payment of any sums which may be due to defendants Velie and Warner, to cancel it, and to restrain defendants from interfering with defendant Koon in the posses^ sion of said agreement, and the defendant Koon restrained from delivering the same to defendants Velie and Warner.
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Action in the district court for Hennepin county by the receiver of O. W. Kerr Company to have a certain agreement dated October 12, 1914, declared a mortgage to secure the payment of any sums which may be due to defendants Velie and Warner, to cancel it, and to restrain defendants from interfering with defendant Koon in the posses^ sion of said agreement, and the defendant Koon restrained from delivering the same to defendants Velie and Warner. Defendants’ motion for judgment on the pleadings was granted by Hale, J. From the judgment entered' pursuant to the order for judgment, plaintiff…
1Opinion of the CourtHallam, J.
In June, 1913, M. E. Hickey purchased from the state of New Mexico a tract of land, paying one-tenth per cent down and agreeing to pay the balance in 30 annual payments with 4 per cent interest.
Hickey assigned an undivided half interest in said contract to O. W. Kerr. Kerr paid to Hickey one-half of the initial payment and assumed and agreed to pay one-lialf of the deferred payments.
Warner and Velie furnished Kerr the money to make this payment and furnished $5,000 to be used in developing the lands. August 22, 1913, a contract was entered into, known as Exhibit B, between Kerr as party of…
2Cases cited1 opinion
- Irvine v. CampbellSupreme Court of Minnesota · 1913
3Cited by2 opinions
- Ellingson v. World Amusement Service Assn. Inc.Supreme Court of Minnesota · 1928
- Swanson v. LindstromSupreme Court of Minnesota · 1921