Hodgins v. Heaney
Supreme Court of Minnesota
Mrs. Kate C. Howe, wife of L. C. Howe, held by assignment a certificate of sale of certain school lands situated in Olmsted county, issued by the State of Minnesota, entitling her to a patent therefor, on payment of the purchase money, as therein mentioned; this she assigned, by an instrument in writing, executed by herself and husband, to the defendant.
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Mrs. Kate C. Howe, wife of L. C. Howe, held by assignment a certificate of sale of certain school lands situated in Olmsted county, issued by the State of Minnesota, entitling her to a patent therefor, on payment of the purchase money, as therein mentioned; this she assigned, by an instrument in writing, executed by herself and husband, to the defendant. The' assignment to the defendant was absolute in its terms, but was executed to secure the re-payment of certain moneys advanced by defendant. This action was brought in the district court-for Olmsted county, to recover upon an alleged…
1Opinion of the Court
Ripley, Ch. J.
By the Qowrt The complaint sets out two causes of action; the first, that in consideration, that at his request, plaintiffs would forbear to file a lien for lumber and materials furnished to, and used by one Kate C. Howe, wife of L. S. Howe, in the erection of a dwelling house and improvements upon two-and-a-half acres of land within the limits of the city of Rochester, owned by her, but of which defendant held a conveyance, absolute in form, but in fact a mortgage, and to bring an action -to have such lien declared prior to defendant’s, and his conveyance declared a mortgage,…
2Cases cited6 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Lamb v. McCannaSupreme Court of Minnesota · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- Gau v. HylandSupreme Court of Minnesota · 1950
- Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
- State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
- Donohue v. LaddSupreme Court of Minnesota · 1883
4 more not listed; retrieve them via the Exa API.