Burns v. Burns
Supreme Court of Minnesota
Action in the district court for Big Stone county by plaintiff individually, and as administratrix of the estate of Luke Bums, deceased, for an injunction to restrain defendant from redeeming from the foreclosure of a certain mortgage by virtue of a pretended mortgage for $4,500; that the mortgage be adjudged void and that defendant be held to have no right thereunder.
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Action in the district court for Big Stone county by plaintiff individually, and as administratrix of the estate of Luke Bums, deceased, for an injunction to restrain defendant from redeeming from the foreclosure of a certain mortgage by virtue of a pretended mortgage for $4,500; that the mortgage be adjudged void and that defendant be held to have no right thereunder. Defendant in her answer set up a redemption from the sale, and for a counterclaim and cross bill inserted the allegations for an action to determine adverse claims. The Big Stone County Bank intervened and in its complaint set…
1Opinion of the Court
Holt,_J.
Action brought to enjoin a mortgagee from redeeming, on the ground that the mortgage was without consideration, and to have it adjudged void. Decision for plaintiff, and appeal by defendant from the order denying a new trial.
The facts are substantially these: In 1879 Luke Bums, the deceased husband of plaintiff, and his brother, Charles I. Burns, the deceased husband of defendant, each located upon 160 acres of government land in Big Stone county. Luke acquired the northwest quarter of section 34, township 124, range 45, by complying with the homestead act, and Charles the southwest…
2Cases cited2 opinions
- Wolford v. FarnhamSupreme Court of Minnesota · 1890
- Anderson v. LeeSupreme Court of Minnesota · 1898
3Cited by2 opinions
- Bishop v. BishopCourt of Appeals for the Third Circuit · 1958
- Bishop v. BishopCourt of Appeals for the Third Circuit · 1958