Olson v. Nelson
Supreme Court of Minnesota
Tbis was a Writ of Error to tbe District Court of Bamsey County. Armand Nelson, tbe Plaintiff below, commenced tbe action to foreclose a mortgage executed by the Defendant Olson, dated June 23, 1856, upon certain lands in Ramsey County.
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Tbis was a Writ of Error to tbe District Court of Bamsey County. Armand Nelson, tbe Plaintiff below, commenced tbe action to foreclose a mortgage executed by the Defendant Olson, dated June 23, 1856, upon certain lands in Ramsey County. The Defendant in his answer, admits the execution and delivery of the mortgage, and avers that at the date thereof he was a householder and a married man, and that he and his wife “ then were, and still are living upon and occupying the premises ^described in the complaint, as a homestead.” That the same consists of a single lot of land in Saint'Paul, of the…
1Opinion of the Court
By the Oou/rt
— Elandrau, J.
The hnortgage in the complaint set out, was executed on the 23d day of June, 1856, and consequently must be governed by the laws then in force, as to its validity or invalidity. It was executed by the Plaintiff in Error alone, and was upon his homestead, he being at the time a married man.
It is claimed by the Plaintiff in Error, that the signature of the wife was essential to the validity of the instrument, and we are cited to Sections 93-94 of the JR. S. on page 363. Section 93 declares what character of homestead “ shall be exempt from sale on execution or other…
2Cases cited1 opinion
- Rue v. AlterNew York Supreme Court · 1847
3Cited by9 opinions
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- Wilhelm v. LocklarSupreme Court of Florida · 1903
- Upton Mill & Elevator Co. v. Baldwin Flour MillsSupreme Court of Minnesota · 1920
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