Edgerton v. Jones
Supreme Court of Minnesota
This action was brought in the 'District Court of Scott County by the plaintiffs, against A. B. Jones, Mary M. Jones his wife, and others, to foreclose a mortgage purporting to be executed by defendants A. B. Jones and Mary M. Jones his wife. The only, issues made in the pleadings material to the points decided, are in regard to the execution and acknowledgment of the mortgage by defendant Mary M. Jones.
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This action was brought in the 'District Court of Scott County by the plaintiffs, against A. B. Jones, Mary M. Jones his wife, and others, to foreclose a mortgage purporting to be executed by defendants A. B. Jones and Mary M. Jones his wife. The only, issues made in the pleadings material to the points decided, are in regard to the execution and acknowledgment of the mortgage by defendant Mary M. Jones. The complaint alleges, among other things, that the mortgage was, on the 29th of October, 1856, duly executed, acknowledged aud delivered by said defendants A. B. Jones and Mary M. Jones his…
1Opinion of the Court
By the Court —
Berry, J.
— The first error complained of is that the referee before whom this case was tided admitted parol testimony to contradict the official certificate of the acknowledgement of the mortgage to which this action relates. This identical question was before this Court in Dodge vs. Hollinshead, 6 Minn., 25, and parol evidence was held to be admissible for that purpose. The ease was fully argued, and an elaborate opinion delivered,
*430We acquiesce iu the conclusion arrived at so far as the case at bar is concerned. It may be quite true that the construction there given to the…
2Cases cited3 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Maton v. PeopleIllinois Supreme Court · 1854
- Dodge v. HollinsheadSupreme Court of Minnesota · 1861
3Cited by3 opinions
- Dolph v. BarneyOregon Supreme Court · 1874
- Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
- Fay v. DavidsonSupreme Court of Minnesota · 1868