Bishop v. Corbitt
Supreme Court of Minnesota
Action in the district court for Mower county to enjoin the foreclosure of a mortgage and compel a- satisfaction of record, because of usury and also full payment of the actual debt. Plaintiff appeals from an order of Farmer, J., refusing a new trial after a decision for defendant.
1Opinion of the CourtVanderburgh, J.
It is sought by this appeal to revérse the decision of the trial court upon questions of fact. Two questions only are presented by the assignments of error. The first is whether the mortgage which the plaintiff seeks to have cancelled is void for usury, and the second, whether it had not been fully paid. There is a direct conflict in the evidence upon these questions, which appears to have been fully and carefully considered by the trial court. It is not the province of this court to retry the issues of fact. The plaintiff held the affirmative, and the burden rested on him to make out his…
2Cases cited2 opinions
- Ohlson v. ManderfeldSupreme Court of Minnesota · 1881
- Blakeley v. Le DucSupreme Court of Minnesota · 1872