Siebert v. Quesnel
Supreme Court of Minnesota
■Action in tbe district court for Ramsey county to foreclose a mortgage executed by E. Langevin, since deceased, and defendant Eleanor Langevin, bis wife, now Eleanor Quesnel. In tbe judgment of foreclosure, wbicb was entered in pursuance of tbe findings of Egan, J., it was adjudged that defendant Eleanor Quesnel was personally liable upon tbe note and mortgage and that plaintiffs have execution against her for any deficiency that might arise upon the foreclosure sale.
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■Action in tbe district court for Ramsey county to foreclose a mortgage executed by E. Langevin, since deceased, and defendant Eleanor Langevin, bis wife, now Eleanor Quesnel. In tbe judgment of foreclosure, wbicb was entered in pursuance of tbe findings of Egan, J., it was adjudged that defendant Eleanor Quesnel was personally liable upon tbe note and mortgage and that plaintiffs have execution against her for any deficiency that might arise upon the foreclosure sale. From an order denying a‘motion to set aside the judgment and for a new trial, defendants appealed.
1Opinion of the CourtCollins, J.
There are really but two questions for determination in this cause. First, on the face of the note and mortgage, which are to be considered as one instrument, what were the relations existing between Mrs. Langevin (now the defendant Mrs. Quesnel) and the mortgagee and her assigns? Was Mrs. Langevin a surety for the payment of Mr. Langevin’s debt, evidenced by a note signed only by him, or was she simply and strictly a joint principal or obligor? If she occupied the position of a surety, any defense open to her, as such surety, at the time of the assignment of the mortgage to plaintiffs, or…
2Cases cited4 opinions
- Stewart v. Erie & Western Transportation Co.Supreme Court of Minnesota · 1871
- Hill v. NicholsSupreme Court of Minnesota · 1891
- Reynolds v. Steamboat FavoriteSupreme Court of Minnesota · 1865
- Colter v. GreenhagenSupreme Court of Minnesota · 1859
3Cited by9 opinions
- Board of County Commissioners v. Security BankSupreme Court of Minnesota · 1899
- Yerxa v. RuthruffNorth Dakota Supreme Court · 1909
- Kaufman v. BarbourSupreme Court of Minnesota · 1906
- Manchester Savings Bank v. LynchSupreme Court of Minnesota · 1922
- Miles v. National Surety Co.Supreme Court of Minnesota · 1921
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