Gowen v. Conlow
Supreme Court of Minnesota
Appeal by plaintiff, Fred H. Gowen, from an order of the District Court of Hennepin County, Smith, J., made July 9, 1892, sustaining a demurrer to the complaint. This action was against the defendants, John W. Conlow and Walter G. Marson, to set aside an execution sale of an undivided half of lot ten (10) in block eight (8) in St. Anthony Falls, Hennepin County, and to have canceled a mortgage for $3,500 on the property, made by Conlow to defendant Marson.
Read the full summary
Appeal by plaintiff, Fred H. Gowen, from an order of the District Court of Hennepin County, Smith, J., made July 9, 1892, sustaining a demurrer to the complaint. This action was against the defendants, John W. Conlow and Walter G. Marson, to set aside an execution sale of an undivided half of lot ten (10) in block eight (8) in St. Anthony Falls, Hennepin County, and to have canceled a mortgage for $3,500 on the property, made by Conlow to defendant Marson. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against them.…
1Opinion of the CourtDickinson, J.
Appeal from an order sustaining the defendants' demurrer to the complaint. The case presented in the complaint may be briefly stated as follows:
In April, 1888, in an action prosecuted by Squires and Thompson in the municipal court of Minneapolis against this plaintiff (Gowen) and others, a judgment for the recovery of money was rendered in favor of Squires and Thompson, and against this plaintiff.. A transcript of that judgment was filed in the office of the district court, and execution issued thereon out of the latter court was levied upon cer*215tain real estate of the judgment debtor, this…
2Cases cited3 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Woodcock v. BennetNew York Supreme Court · 1823
- Drew v. City of St. PaulSupreme Court of Minnesota · 1890
3Cited by4 opinions
- Bricelyn School District No. 132 v. Board of County CommissionersSupreme Court of Minnesota · 1952
- Flanery v. KushaSupreme Court of Minnesota · 1920
- Branley v. DamblySupreme Court of Minnesota · 1897
- St. Paul Gaslight Co. v. KennySupreme Court of Minnesota · 1906