Troutman v. Gates
Supreme Court of Minnesota
Action in the district court for Clay county to cancel the. mortgage mentioned in the fourth paragraph of the opinion and the foreclosure thereof; or, if that relief be denied to plaintiffs, to recover $2,152.33. The case was tried before Nye, J'., who at the close of the testimony denied defendants’ motion that the court make findings on the merits and dismiss the suit as to them, and a jury which returned an affirmative answer to the question whether the Perley bank was…
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Action in the district court for Clay county to cancel the. mortgage mentioned in the fourth paragraph of the opinion and the foreclosure thereof; or, if that relief be denied to plaintiffs, to recover $2,152.33. The case was tried before Nye, J'., who at the close of the testimony denied defendants’ motion that the court make findings on the merits and dismiss the suit as to them, and a jury which returned an affirmative answer to the question whether the Perley bank was negligent in paying to defendant Gates the $2,198.15 remitted to it by the Hawar den 'bank. The court made findings and…
1Opinion of the CourtHallam, J.
1. In 1913 John O. Gaare sold 190 acres of land in Clay county, under a land contract, to defendant Gates, for $6,840.
On July 19, 1913, Gates sold the same land to plaintiffs Troutman, husband and wife, who lived at Hawarden, Iowa, for $10,640, under contract providing that $3,500 be paid down, a mortgage of $1,000 assumed, a second mortgage for $2,000 given, and $4,140 paid June 1, 1914.
On July 22, 1913, Gaare gave a warranty deed to Gates conveying the land subject to $1,000. This deed was recorded September 22, 1914.
On November 18, 1913, Gates gave to Gaare a mortgage for $3,640 of the…
2Cases cited6 opinions
- Adams v. CastleSupreme Court of Minnesota · 1896
- Briggs v. RutherfordSupreme Court of Minnesota · 1904
- Isaacson v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
- Red Lake Falls Milling Co. v. City of Thief River FallsSupreme Court of Minnesota · 1909
- Dougan v. James TurnerSupreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sward v. NashSupreme Court of Minnesota · 1950