Patterson v. Wyman
Supreme Court of Minnesota
Action in the district court for Norman county to recover $8,600 and for the foreclosure of two mortgages upon certain real estate. The defense set up in the answer is stated at the end of the first paragraph of the opinion. The case was tried before Grindeland, J., who made findings and adjudged that the mortgage debt be declared paid and the mortgages canceled of record, but denied the return to defendants of usurious interest. Motions for amended findings were1 denied.
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Action in the district court for Norman county to recover $8,600 and for the foreclosure of two mortgages upon certain real estate. The defense set up in the answer is stated at the end of the first paragraph of the opinion. The case was tried before Grindeland, J., who made findings and adjudged that the mortgage debt be declared paid and the mortgages canceled of record, but denied the return to defendants of usurious interest. Motions for amended findings were1 denied. From the judgment entered pursuant to the order for judgment, both parties appealed.
1Opinion of the CourtHaiiam, J.
On July 9, 1909, defendant John Wyman Farm Land & Loan Company gave to plaintiff two promissory notes. Both notes were dated at Fargo, North Dakota, and were executed and delivered there. Both were indorsed by defendant John Wyman. One was for $8,000 and was payable six months after date at the office of the Loan Company which was located at Fargo. The other was for $600 and was payable three months after date. Both on their face bore 8 per cent interest. Thereafter defendant John Wyman and defendant Annie Wyman, his wife, executed two instruments, in form deeds, but in fact mortgages, to…
2Cases cited27 opinions
- Hubbard v. TodSupreme Court of the United States · 1898
- Arnold v. PotterSupreme Court of Iowa · 1867
- Lukens v. HazlettSupreme Court of Minnesota · 1887
- Owens v. WrightSupreme Court of North Carolina · 1912
- Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
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3Cited by16 opinions
- Rathbun v. WT Grant CompanySupreme Court of Minnesota · 1974
- Mayes v. ByersSupreme Court of Minnesota · 1943
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- Shropshire v. Commerce Farm Credit Co.Texas Commission of Appeals · 1926
- Hatcher v. Union Trust Co. of MarylandSupreme Court of Minnesota · 1928
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