Temple v. Norris
Supreme Court of Minnesota
Appeal by plaintiff, Ruby D. Temple, from an order of the District Court of Hennepin County, Thomas Canty, J., made September 17, 1892, sustaining a demurrer to her complaint. Plaintiff owned lot six (6) in block two (2) in DunsmooPs Rearrangement of the Second Nicollet Avenue Addition in Minneapolis. She mortgaged it November 8, 1890, to John P. Pineo, to secure the payment of $1,300 three years thereafter, with interest payable semiannually.
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Appeal by plaintiff, Ruby D. Temple, from an order of the District Court of Hennepin County, Thomas Canty, J., made September 17, 1892, sustaining a demurrer to her complaint. Plaintiff owned lot six (6) in block two (2) in DunsmooPs Rearrangement of the Second Nicollet Avenue Addition in Minneapolis. She mortgaged it November 8, 1890, to John P. Pineo, to secure the payment of $1,300 three years thereafter, with interest payable semiannually. The mortgage provided that, if any installment of interest remained past due and unpaid for sixty days, the principal also should he due and payable.…
1Opinion of the CourtCollins, J.
But one feature of the complaint in this action need be considered. It was therein alleged that the only person upon whom a copy of the foreclosure notice was served was but “fourteen years old, and no more, and was wfholly unaccustomed to, and unfamiliar with, business transactions and all legal proceedings, and that she was not of suitable age or discretion; that she was then wholly incapable of understanding and comprehending the nature and gravity of the transaction, and did not understand the nature or gravity thereof.”
The statute does not, in terms, require that service shall be made by…
2Cases cited1 opinion
- Knappen v. FreemanSupreme Court of Minnesota · 1891
3Cited by11 opinions
- Peterson v. W. Davis & SonsSupreme Court of Minnesota · 1943
- Trammel v. National Bank of Ga.Court of Appeals of Georgia · 1981
- Brown v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1893
- Van Buren v. GlascoCourt of Appeals of North Carolina · 1975
- Holmen v. MillerSupreme Court of Minnesota · 1973
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