Kuhne v. Gau
Supreme Court of Minnesota
Action in the district court for Steams county to foreclose a mortgage Mathias Gau and Jennie Gau demurred to the complaint on the ground that the facts stated in the complaint did not constitute a cause of action. The demurrer was overruled, Eoeser, J. From a judgment in favor of plaintiff, certain of the defendants appealed.
1Opinion of the CourtHallam, J.
This is an appeal from a default judgment. The only question raised is that the complaint does not state facts sufficient to constitute a cause of action.
1. The facts alleged are as follows: Fred Kuhne died testate in March, 1894. He gave certain land to his widow for life, and after her death in undivided shares to his nine children.
In November 7, 1894, Elizabeth Gau, one of the children, gave to the other children a mortgage for $1,000 on her interest in the land. Plaintiff is now the owner of the mortgage. The consideration of the mortgage is not alleged, nor is there any allegation as to…
2Cases cited2 opinions
- Kragnes v. KragnesSupreme Court of Minnesota · 1914
- Storch v. DuhnkeSupreme Court of Minnesota · 1899
3Cited by9 opinions
- Mercil v. CommissionerUnited States Tax Court · 1955
- Leach v. LeachSupreme Court of Minnesota · 1925
- Stanton v. StantonNebraska Supreme Court · 1938
- Holste v. BakerSupreme Court of Minnesota · 1947
- In Re Estate of Herman BeierSupreme Court of Minnesota · 1939
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