Legal Opinion

Taylor v. Hess

Supreme Court of Minnesota

Decided April 20, 1894No. 8371Published

Appeal by defendant, Sabannah Hess, from a judgment of the District Court of Morrison County, L. L. Baxter, J., entered against her May 27,1898, for $596.67 in favor of plaintiff, Elizabeth C. Taylor, as administratrix of the estate of her deceased husband, James H. Taylor.

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Appeal by defendant, Sabannah Hess, from a judgment of the District Court of Morrison County, L. L. Baxter, J., entered against her May 27,1898, for $596.67 in favor of plaintiff, Elizabeth C. Taylor, as administratrix of the estate of her deceased husband, James H. Taylor. On this trial defendant offered to prove the declarations of William Newman concerning his ownership of the notes in suit made by him after the time when Elizabeth C. Taylor claimed to have sold the notes to him, and when he had the notes in his possession. She offered to prove by the witness that in August, 1888, Newman…

1Opinion of the CourtMitchell, J.

The uncontroverted facts are that the plaintiff, Elizabeth 0. Taylor, being the owner of certain real estate in her own right, contracted to sell it to defendant; that for the purchase money the latter executed to the former seven negotiable promissory notes for the aggregate amount of $650, and at the *98same time, and as part of the same transaction, the plaintiff and her husband, James H. Taylor, executed to defendant their joint bond, in which, after reciting the execution of these notes, they obligated themselves to convey the land to defendant by warranty deed upon payment of half ($325)…

2Cases cited4 opinions

  1. Hospes v. Northwestern Manufacturing & Car Co.Supreme Court of Minnesota · 1889
  2. Hosford v. RoweSupreme Court of Minnesota · 1889
  3. Fellows v. SmithMassachusetts Supreme Judicial Court · 1881
  4. Johnson v. JohnsonSupreme Court of Minnesota · 1894

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