Peterson v. Weberg

Taylor, C.

Plaintiffs appeal from an order sustaining a demurrer to the first cause of action set forth in their complaint.

Plaintiffs are husband and wife. They executed a mortgage to defendant for $4,000 on a quarter section of land in Chippewa county. They claim that the mortgage is null and void, for the reason that plaintiff P. Anton Peterson holds the land under and through the will of his father, which will expressly provided that the land should not be subject to alienation during the lifetime of his mother for whose benefit a charge was imposed thereon and who is still living. They ask…