Hughes v. Mullaney
Supreme Court of Minnesota
Action in the district court for Ramsey county to establish and enforce an equitable mortgage on real estate as security for the sum of $1,100 lent to defendant for the purchase of the premises. The case was tried before Kelly, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to a specific lien upon the premises as prayed, but that she was not entitled to enforce the same as long as the annual interest on the loan should be paid.
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Action in the district court for Ramsey county to establish and enforce an equitable mortgage on real estate as security for the sum of $1,100 lent to defendant for the purchase of the premises. The case was tried before Kelly, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to a specific lien upon the premises as prayed, but that she was not entitled to enforce the same as long as the annual interest on the loan should be paid. From a judgment entered pursuant to the findings, plaintiff appealed.
1Opinion of the CourtLewis, J.
The complaint in this action alleged that in 1899 plaintiff, being an aged widow, and unfamiliar with business, entered into an oral agreement with defendants, husband and wife, to the effect that, if she would loan them money from time to time for the purpose of helping them make payment in the purchase of a home in the city of St. Paul, they would secure the money so loaned as soon as they received title to the premises by the execution of a mortgage, with interest at six per cent. ; that in pursuance of such agreement defendants entered into a contract for the purchase of the property for…
2Cases cited1 opinion
- Irvine v. ArmstrongSupreme Court of Minnesota · 1883
3Cited by12 opinions
- Denzer v. PrendergastSupreme Court of Minnesota · 1964
- Milam v. MilamTennessee Supreme Court · 1917
- Kingery v. KingerySupreme Court of Minnesota · 1932
- Poole v. TannisWisconsin Supreme Court · 1908
- Baker v. BakerAppellate Court of Illinois · 1955
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