Laythe v. Minnesota Loan & Investment Co.
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Nobles county, Quinn, J., acting in behalf of the judge of the Thirteenth judicial district, denying a motion for a new trial.
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Appeal by plaintiffs from an order of the district court for Nobles county, Quinn, J., acting in behalf of the judge of the Thirteenth judicial district, denying a motion for a new trial. Substantially in the language of the findings of the trial court, the-facts in this case are as follows: This is an action brought by the plaintiffs, wherein they ask that a certain deed be canceled, and for judgment compelling the defendants Dayton to convey to the plaintiff Isabel D. Laythe the land described in the complaint, subject certain mortgages thereon. The plaintiffs are, and since the 30th day of…
1Opinion of the CourtJaggard, J.
(after stating the facts as above).
An examination of the record has satisfied us that, within the familiar rule on this subject, it sustains the findings of the trial court. The situation, then, was this: The title to the land stood in the mother’s name before her death, as in good conscience it should have stood. The daughter .and her husband seek to set aside the deed to the mother, and to secure an unfair advantage of the other heirs, because the husband did not sign the transfer of the contract to the mother, whereby that assignment was avoided. G. S. 1894, § 5532. It is wholly immaterial…
2Cases cited2 opinions
- Dobbin v. CordinerSupreme Court of Minnesota · 1889
- Knight v. SchwandtSupreme Court of Minnesota · 1896
3Cited by1 opinion
- Hoffman v. NessNorth Dakota Supreme Court · 1941