Staples v. East St. Paul State Bank
Supreme Court of Minnesota
Action in tbe district court for Bamsey county to determine adverse claims to real estate occupied by plaintiffs as their homestead. The facts are stated in the opinion. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment that defendant was entitled to have its deed reformed to express the fact it was intended to be a mortgage to secure the sum of $2,190 and for foreclosure of the same by sale of the premises.
Read the full summary
Action in tbe district court for Bamsey county to determine adverse claims to real estate occupied by plaintiffs as their homestead. The facts are stated in the opinion. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment that defendant was entitled to have its deed reformed to express the fact it was intended to be a mortgage to secure the sum of $2,190 and for foreclosure of the same by sale of the premises. Erom the judgment entered pursuant to the order for judgment, plaintiffs appealed.
1Opinion of the CourtHolt, J.
Action to determine adverse claims. The judgment was for defendant and plaintiffs appeal.
The facts are substantially these: Plaintiffs are husband and wife. The husband and his brother had been doing business for some time previous to September 18,1908, under the name of Staples & Staples, and during said time did the banking with defendant and borrowed from it the moneys needed in the business. On the date mentioned, plaintiffs executed and delivered to defendant a deed of their homestead, the title of which was in the husband, to secure a loan of $1,000, then made to the husband for use in…
2Cases cited8 opinions
- Peterson v. City of Red WingSupreme Court of Minnesota · 1907
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- First State Bank v. HaydenSupreme Court of Minnesota · 1913
- Forest Lake State Bank v. EkstrandSupreme Court of Minnesota · 1910
- Naeseth v. HommedalSupreme Court of Minnesota · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dahmes v. Industrial Credit Co.Supreme Court of Minnesota · 1961
- John v. TimmSupreme Court of Minnesota · 1922
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Engenmoen v. LutroeSupreme Court of Minnesota · 1922
- Cooley v. United StatesUnited States Court of Federal Claims · 2000
4 more not listed; retrieve them via the Exa API.