Merhoff v. Merhoff
Supreme Court of Minnesota
Action in the district court for Sibley county by,John W. Merhoff, as executor of the last will of Casper H. Merhoff, deceased, to foreclose a real-estate mortgage executed by defendants to decedent. The case was tried before Cadwell, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.
1Opinion of the CourtLewis, J.
This action was commenced to foreclose a mortgage of two ' thousand dollars, executed by the defendant Herman Merhoff and wife to his father, Casper H. Merhoff, now deceased. The answer alleged the real consideration to have been an agreement by the son to support the mortgagee and his wife during their lives by an annual payment of $140, and that upon their decease the mortgage was to be void. It was further alleged that through error the real consideration off this mortgage was not stated in the instrument. The court found against the defendants on all of these propositions, and held that…
2Cases cited1 opinion
- Robbins v. LeggSupreme Court of Minnesota · 1900
3Cited by4 opinions
- Veum v. SheeranSupreme Court of Minnesota · 1905
- Krost v. MoyerSupreme Court of Minnesota · 1926
- Larson v. LundSupreme Court of Minnesota · 1909
- Schwantz v. KleiberSupreme Court of Minnesota · 1919