Legal Opinion

Wheadon v. Mead

Supreme Court of Minnesota

Decided January 26, 1898No. Nos. 10,801-(252)PublishedCited by 8 opinions

In an action in the district court for Ramsey county findings were made by Kelly, J., ordering judgment to be entered for the plaintiff for $1,000, and interest, and providing that upon such entry the defendant have and hold as his own a certain assignment of mortgage.

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In an action in the district court for Ramsey county findings were made by Kelly, J., ordering judgment to be entered for the plaintiff for $1,000, and interest, and providing that upon such entry the defendant have and hold as his own a certain assignment of mortgage. After judgment had been entered for said sum the plaintiff moved to amend the conclusions of law in the findings so as to provide that the defendant should have the assignment of mortgage upon payment of the judgment. From an order denying the motion, and also from the judgment, the plaintiff appealed.

1Opinion of the Court

START, c. J.

This action was brought to recover $1,000, which was intrusted by the plaintiff to the defendant to be loaned by him for her upon good and sufficient real-estate mortgage security.. The trial court found that the defendant did loan the money to Curtis G-. Lewis and his wife, Loretta Gr. Lewis, and took their promissory note therefor, payable to the plaintiff, secured by a real-estate mortgage executed by the wife of Lewis alone to the *323plaintiff; and, further, that the title to the mortgaged premises was defective and unmarketable, and that the value of such real estate was not…

2Cases cited2 opinions

  1. Rogers v. HedemarkSupreme Court of Minnesota · 1897
  2. McLaughlin v. NicholsonSupreme Court of Minnesota · 1897

3Cited by8 opinions

  1. Pike Rapids Power Co. v. Minneapolis, St. P. & S. S. M. R. Co.Court of Appeals for the Eighth Circuit · 1938
  2. Stevens v. StevensSupreme Court of Minnesota · 1900
  3. Peach v. ReedSupreme Court of Minnesota · 1902
  4. Lamprey v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1902
  5. Union Central Life Ins. Co. v. PageSupreme Court of Minnesota · 1933

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