Howard v. Erbes
Supreme Court of Minnesota
Action in the district court for Jackson county by the administrators of the estate of John L. Howard, deceased, for relief, as stated at the end of the second paragraph of the opinion. From an order, Quinn, J., sustaining defendants’ separate demurrers to the complaint, plaintiffs appealed.
1Opinion of the CourtO’Brien, J.
Each of the defendants demurred to the complaint upon the grounds (1) that several causes of action were improperly united; (2) that the complaint failed to constitute a cause of action. The demurrers were sustained, and plaintiffs appeal.
The complaint alleged the ownership on December 8, 1902, by defendant William Erbes, of certain real estate then subject to two mortgages; that on December 5, 1907, William Erbes and wife, for a consideration of $2,500, sold and conveyed the land by warranty deed to John L. Howard, who subsequently paid both the mortgages; that on IVIaich 31, 1908, William…
2Cases cited3 opinions
- Henry v. MeighenSupreme Court of Minnesota · 1891
- Barker v. KeithSupreme Court of Minnesota · 1865
- Colstrum v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884