Janochosky v. Kurr
Supreme Court of Minnesota
Action in the district court for Benton county for a decree to determine that defendants, since the expiration of the period of redemption from the foreclosure sale of the mortgage mentioned in the opinion, held the premises described in trust for the benefit of plaintiffs, that defendants convey by proper deed to plaintiffs, and to recover $1,402.87 as damages. The facts and the substance of the pleadings will be found in the opinion.
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Action in the district court for Benton county for a decree to determine that defendants, since the expiration of the period of redemption from the foreclosure sale of the mortgage mentioned in the opinion, held the premises described in trust for the benefit of plaintiffs, that defendants convey by proper deed to plaintiffs, and to recover $1,402.87 as damages. The facts and the substance of the pleadings will be found in the opinion. The case was tried before Taylor, J., who made findings to the effect that plaintiffs were entitled to the ownership in fee of the undivided 8/9 of the real…
1Opinion of the CourtHolt, J.
In 1900 George Janochosky, the father of plaintiffs and the defendant Rosa Kurr, died owning a farm of 160 acres in Benton county, this state, upon which was a mortgage of $2,200 held by Albert Wrack. Some of the plaintiffs were then minors, but an arrangement was made whereby one of them, Stephen, remained on and cultivated the farm and gave a home and care to the minors, paying $175 annually. This paid interest on the mortgage and taxes. In 1908 the mortgage was long past due, and the mortgagee, Wruck, began foreclosure proceedings by advertisement.
The defendant Emil Kurr, the husband of…
2Cases cited12 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Brown v. HoagSupreme Court of Minnesota · 1886
- Williams v. StewartSupreme Court of Minnesota · 1879
- Converse v. Burrows & PrettymanSupreme Court of Minnesota · 1858
- Slingerland v. SlingerlandSupreme Court of Minnesota · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Murphy v. AndersonSupreme Court of Minnesota · 1914
- Schaefer v. ThoenySupreme Court of Minnesota · 1937
- Atwood v. FryeSupreme Court of Minnesota · 1937