Malmquist v. Peterson
Supreme Court of Minnesota
Action of ejectment in the district court for Hennepin county and to recover $1,428 for rent of the premises. The case was tried before Hale, J., who made findings as set out in the opinion and ordered plaintiffs to convey the premises to Caroline Peterson within 30 days, upon payment to plaintiffs of $575.03, and that if plaintiffs should refuse proper conveyance by quitclaim deed, then the judgment should stand as a conveyance of the property.
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Action of ejectment in the district court for Hennepin county and to recover $1,428 for rent of the premises. The case was tried before Hale, J., who made findings as set out in the opinion and ordered plaintiffs to convey the premises to Caroline Peterson within 30 days, upon payment to plaintiffs of $575.03, and that if plaintiffs should refuse proper conveyance by quitclaim deed, then the judgment should stand as a conveyance of the property. From an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the CourtHarlam, J.
In March, 1909, defendant Caroline Peterson owned a lot in Minneapolis on which was situated a two-story duplex dwelling. It was encumbered by a mortgage which had been foreclosed by sale made some six months before and also by a second mortgage to Lydia K. Carlson. The aggregate of these encumbrances was over $2,000. Defendants were unable to redeem from the foreclosure sale or to pay the second mortgage, and their friend John B. Johnson came to their rescue. The Petersons gave to Johnson a quitclaim deed of the property, the deed expressing a consideration of one dollar, and Johnson…
2Cases cited1 opinion
- Quinn v. OlsonSupreme Court of Minnesota · 1886
3Cited by13 opinions
- Indianhead Truck Line, Inc. v. Hvidsten Transport, Inc.Supreme Court of Minnesota · 1964
- Fischer v. PinskeSupreme Court of Minnesota · 1976
- Hedged Investment Partners, L.P. v. Norwest Bank Minnesota, N.A.Court of Appeals of Minnesota · 1998
- Lynch v. HigginsSupreme Court of Minnesota · 1923
- Rooney v. Dayton-Hudson Corp.Supreme Court of Minnesota · 1976
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