Yager v. Merkle
Supreme Court of Minnesota
The plaintiff brought this action in the district court for McLeod county, alleging himself to be the owner of certain described land in that county, and that on March 13, 1872, and thereafter until May 17, 1878, one Henrietta Hemorick was the owner and seized in fee of such land, and that on the day last named, the said Henrietta, being then the owner and seized in fee thereof, duly sold the same to the plaintiff for a valuable consideration to her paid by the plaintiff,…
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The plaintiff brought this action in the district court for McLeod county, alleging himself to be the owner of certain described land in that county, and that on March 13, 1872, and thereafter until May 17, 1878, one Henrietta Hemorick was the owner and seized in fee of such land, and that on the day last named, the said Henrietta, being then the owner and seized in fee thereof, duly sold the same to the plaintiff for a valuable consideration to her paid by the plaintiff, and on the same day, the said Henrietta duly conveyed the premises to the plaintiff by a deed with full covenants, duly…
1Opinion of the CourtBerry, J.
On March 19, 1872, Henrietta Hemerick executed, acknowledged, and delivered to the defendant a mortgage upon certain real estate, of which she was owner in fee simple. She was a married woman, living with her husband, but he did not join in with her in the mortgage. The mortgage was not given to secure purchase-money of the mortgaged land. It was duly recorded. On May 17, 1878, the said Henrietta, her husband joining, sold and duly conveyed the land to the plaintiff, who brings this action to prevent a threatened and pending foreclosure of the mortgage, and to remove the cloud created by it…
2Cited by3 opinions
- Basket v. MossSupreme Court of North Carolina · 1894
- Basket v. . MossSupreme Court of North Carolina · 1894
- Nell v. DaytonSupreme Court of Minnesota · 1890