Staughton v. Simpson
Supreme Court of Minnesota
Appeal by plaintiff individually and as administratrix of the estate of Nevill Staughton, deceased, from an order of the district court for Winona county, Snow, J., denying her motion for a new trial after dismissing the action when plaintiff rested.
1Opinion of the Court
COLLINS, J.2
When plaintiff rested the court below dismissed the case at bar. This was clearly error, and the order denying plaintiff’s motion for a new trial must be reversed.
The undisputed facts were that in 1874 plaintiff, then a married woman, mortgaged her homestead to one De Graff to secure her husband’s indebtedness to the amount of $3,000, the debt being evidenced by the husband’s note, bearing 12 per cent, interest. This mortgage was foreclosed in 1876, and at the foreclosure sale De Graff was the purchaser at and for the sum due, with costs,— $3,611.39. Two days prior to the…
2Cited by5 opinions
- Albright v. HenrySupreme Court of Minnesota · 1970
- McKenzie v. EvansMontana Supreme Court · 1934
- City of Shakopee v. Kopp & Associates, Inc.Supreme Court of Minnesota · 1968
- Staughton v. SimpsonSupreme Court of Minnesota · 1898
- First State Bank v. CastnerSupreme Court of Minnesota · 1936