Weitzner v. Thingstad
Supreme Court of Minnesota
Appeal by plaintiffs, Betty Weitzner, Charlotte Gruenberg and Simon G-ruenberg, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 1, 1893, overruling their demurrer to the second defense stated in the answer.
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Appeal by plaintiffs, Betty Weitzner, Charlotte Gruenberg and Simon G-ruenberg, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 1, 1893, overruling their demurrer to the second defense stated in the answer. The complaint stated that on September 20, 1892, defendant Ole A. Thingstad made a contract with plaintiffs to convey to them with warranty two lots in Minneapolis for $23,000. They agreed to pay him $12,000 in fifteen days at which time he and his wife were to give plaintiffs a deed of the lots subject to a mortgage for $11,000 then on the…
1Opinion of the CourtMitchell, J.
This was an action to recover damages for the refusal of the defendant to perform a contract to convey real prop*247erty. One of the defenses interposed by tbe defendant was that a part of the premises contracted to be conveyed was his homestead, and that his wife did not join in the contract, and that for that reason it was void. This appeal is from an order overruling a demurrer to this defense. The contention of plaintiff is that while a contract by the husband, without his wife joining therein, to convey his homestead, is so far void that it does not bind the land, and that specific…
2Cases cited5 opinions
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Wallace v. HarrisMichigan Supreme Court · 1875
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Danforth v. WearSupreme Court of the United States · 1824
- Law v. ButlerSupreme Court of Minnesota · 1890
3Cited by34 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Schwab v. BaremoreSupreme Court of Minnesota · 1905
- Anderson v. First Nat. Bank of Pine CitySupreme Court of Minnesota · 1975
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Silander v. GronnaNorth Dakota Supreme Court · 1906
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