Demaris v. Rodgers
Supreme Court of Minnesota
Action in the district court for Washington county to recover $1,632.68 which plaintiffs were compelled to pay to satisfy a mortgage on land conveyed by them to defendant. The facts are stated in the opinion.
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Action in the district court for Washington county to recover $1,632.68 which plaintiffs were compelled to pay to satisfy a mortgage on land conveyed by them to defendant. The facts are stated in the opinion. The case was tried before Hallam, J., who made findings of fact and as conclusions of law found that defendant never assumed or agreed to pay either of the mortgages aforesaid or any part of the debt secured thereby, either in person or by agent; that he never ratified any act of assumption thereof by any person; that defendant never accepted any deed containing the words, “which grantee…
1Opinion of the CourtBrown, J.
The facts in this case, as found by the trial court, are as follows.
Defendant was the owner of certain real property in the state of North Dakota; and plaintiffs were the owners of certain land in the state of Iowa, which was incumbered by two mortgages, one for $4,000 and one for $1,440. On the eleventh of April, 1907, the parties entered into a written contract wherein and whereby defendant agreed to sell and convey to plaintiffs his Dakota land for the sum of $4,500, in payment of which plaintiffs agreed to pay him $2,000 in deferred cash payments, and to convey to defendant their Iowa…
2Cases cited5 opinions
- Slocum v. BracySupreme Court of Minnesota · 1893
- Carver v. BagleySupreme Court of Minnesota · 1900
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
- Clifford v. MinorSupreme Court of Minnesota · 1899
- Martini v. ChristensenSupreme Court of Minnesota · 1896
3Cited by6 opinions
- Raffel v. ClarkSupreme Court of Connecticut · 1913
- Lloyd v. LoweSupreme Court of Colorado · 1917
- Page v. HincheeSupreme Court of Oklahoma · 1935
- Guarantee Mortgage & Finance Co. v. CoxSupreme Court of Iowa · 1925
- Weiss v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
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