Miller v. Lamb
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Dakota county, Crosby, J., presiding, refusing a new trial.
1Opinion of the CourtBerry, J.
Plaintiffs, being owners of four lots, which they had mortgaged to Trask to secure an indebtedness of $1,500.00, conveyed the same to defendant. What was the consideration of this conveyance was the important question in this case.
The agreement as to the consideration was verbal. The plaintiffs claimed, and adduced testimony tending to show, *44that the consideration was defendant’s agreement to “release them from the mortgage” — to pay the “mortgage debt.” Defendant denied this claim, alleging, and adducing testimony tending to show, that he bought the property, subject to the mortgage, for the…
2Cases cited2 opinions
- Schwerin v. De GraffSupreme Court of Minnesota · 1875
- Kumler v. FergusonSupreme Court of Minnesota · 1862
3Cited by7 opinions
- Schuek v. HagarSupreme Court of Minnesota · 1877
- Cochrane v. West Duluth Industrial Construction & Improvement Co.Supreme Court of Minnesota · 1896
- Winslow v. Dakota Lumber Co.Supreme Court of Minnesota · 1884
- Woodcock v. JohnsonSupreme Court of Minnesota · 1886
- Roles v. MintzerSupreme Court of Minnesota · 1880
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