Fidelity-Philadelphia Trust Co. v. West

Olsen, C.

Appeal by defendant H. J. West, hereinafter referred to as the defendant, from an order overruling his demurrer to the complaint on the ground that the same fails to state facts sufficient to constitute a cause of action. The trial court certified the question as important and doubtful.

Harold P. Brown was the owner of the West Hotel property in Minneapolis. On May 10, 1927, he and his wife gave a first mortgage trust deed on the property to this plaintiff as trustee to secure a bond issue of $750,000. The bonds were sold and are outstanding. The trust deed contains the usual…