Galloway v. Litchfield
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT OOURT OF MOWER OOTOTY. Points and Authorities for Appellants. I. — The vferdict of the jury imposing the statute penalty of $100 upon all the Defendants, is irregular and against the law. Franklin D. Lewis, the assignee of the mortgage in question, was the only person who could discharge it, consequently the only person who could be subjected to the statute penalty for not doing so after tender. Comp.
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APPEAL FROM THE DISTRICT OOURT OF MOWER OOTOTY. Points and Authorities for Appellants. I. — The vferdict of the jury imposing the statute penalty of $100 upon all the Defendants, is irregular and against the law. Franklin D. Lewis, the assignee of the mortgage in question, was the only person who could discharge it, consequently the only person who could be subjected to the statute penalty for not doing so after tender. Comp. Stats., chop. 35, sec. 39, p. 401. II. — Ilie verdict of the jury is against the evidence. 1. In finding that the transaction between Litchfield and V. P. Lewis was a…
1Opinion of the Court
By the Gourt.
Emuett, C. J.
One Rolfe mortgaged certain lands to Litchfield, one of the Defendants, and after-wards conveyed them to Defendant, Yelorous P. Lewis, subject, however, to the mortgage. Lewis convoyed the same to one Ring, by deed of general warranty, and King, by similar deed, conveyed to the Plaintiff. Intervening the two last named conveyances,YeloroueP.Lewis,by an arrangement with Litchfield, the mortgagee, credited the amount of the mortgage on one which he himself held against lands belonging to Litchfield, and took an assignment thereof to his brother, the Defendant, Franklin…
2Cited by2 opinions
- Daniels v. DensmoreNebraska Supreme Court · 1891
- Galloway v. YatesSupreme Court of Minnesota · 1865