Wheaton v. Briggs
Supreme Court of Minnesota
Appeal by defendant Einaldo E. Briggs from an order of the district court for Clay county, Baxter, J., presiding, striking out his verified answer as sham.
1Opinion of the CourtBerry, J.
This is an action to foreclose a mortgage of real estate in our county of Clay. The complaint contains all the allegations necessary to show a right of foreclosure in the plaintiffs, and, among other things, it is alleged that the defendants, Briggs and wife, executed the mortgage to three persons, viz., Wheaton, Eeynolds, and Wilcox; that the same was duly recorded in the proper registry of deeds; and that Wilcox transferred all his right, title, and interest in the same to Wheaton and Eeynolds (the plaintiffs) by an assignment in writing, under his hand and seal, which “was duly recorded in…
2Cases cited2 opinions
- Hathaway v. BaldwinWisconsin Supreme Court · 1864
- C. N. Nelson Lumber Co. v. RichardsonSupreme Court of Minnesota · 1883
3Cited by3 opinions
- State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
- Doherty v. RyanSupreme Court of Minnesota · 1913
- Gjerstadengen v. HartzellNorth Dakota Supreme Court · 1899