Langan v. Iverson
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover a deüciency judgment for $237.30 on a mortgage alleged to have been assumed by defendant. The case was tried before Harrison, acting judge, and a jury, which rendered a judgment in favor of plaintiffs for the amount demanded; and from an -order granting a motion for a new trial, plaintiffs appealed. The agreement was not within-the statute of frauds, as not to be performed within one year.
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Action in the district court for Ramsey county to recover a deüciency judgment for $237.30 on a mortgage alleged to have been assumed by defendant. The case was tried before Harrison, acting judge, and a jury, which rendered a judgment in favor of plaintiffs for the amount demanded; and from an -order granting a motion for a new trial, plaintiffs appealed. The agreement was not within-the statute of frauds, as not to be performed within one year. Wolke v. Fleming, 103 Ind. 105; Wood, Fr. §§ 278, 279; Addison, Cont. 312; Houghton v. Houghton, 14 Ind. 505; Haugh v. Blythe, 20 Ind. 24; Strohauer…
1Opinion of the CourtBrown, J.
In March, 1894, the plaintiffs were the owners of certain real property situated in Ramsey county which they had theretofore mortgaged for the sum of $500. On that day they sold and conveyed it to defendant, upon his promise and agreement, as plaintiffs allege, to assume and pay the mortgage debt, as a part of the purchase price. The deed of conveyance was executed and delivered by plaintiffs at the time the contract of sale was made, is in the usual form of such instruments, and recites that the sale is “subject to a certain mortgage of $500.” The mortgage debt was due August 20, 1895, —…
2Cases cited6 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Lowman v. SheetsIndiana Supreme Court · 1890
- Washburn v. DoschWisconsin Supreme Court · 1887
- Montgomery v. McEwenSupreme Court of Minnesota · 1862
- Keith v. BriggsSupreme Court of Minnesota · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- City of Tyler v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1906
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- White v. SchaderCalifornia Supreme Court · 1921
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Steward v. SirrineArizona Supreme Court · 1928
15 more not listed; retrieve them via the Exa API.