Rogers v. Castle
Supreme Court of Minnesota
Appeal by plaintiff, Josias N. Rogers, from an order of the District Court of Ramsey county, Kelly, J., made March 16, 1892, denying his motion for a new trial.
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Appeal by plaintiff, Josias N. Rogers, from an order of the District Court of Ramsey county, Kelly, J., made March 16, 1892, denying his motion for a new trial. Plaintiff and Samuel H. Marshall on February 15, 1887, owned the southwest quarter of section thirty-three, (33,) T. 30, R. 20, in Washington county, subject to a mortgage to James L. Devon foils,375. They on that day sold and conveyed the land to James W. Jones for $10,000. He paid down $3,000 and assumed the mortgage to Devon, and gave his three notes, each for $1,208.33, for the residue, due in one, two and three years…
1Opinion of the CourtDiokinson, J.
This is an action to recover the amount of two promissory notes executed by the defendant Jones to the plaintiff and one Marshall, to whose rights the plaintiff has succeeded. These notes, with another which has been paid, were given by Jones for the purchase price of a quarter section of land at or near North St. Paul, in Washington county, which was sold and conveyed by Rogers and Marshall to Jones. Jones executed to the vendors a mortgage on this land to secure the notes. The controversy is as to whether the defendant, Castle, afterwards assumed the payment of this mortgage debt, so as to…
2Cases cited5 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Kilmer v. . SmithNew York Court of Appeals · 1879
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
3Cited by10 opinions
- Beeson v. GreenSupreme Court of Iowa · 1897
- Nissen v. SabinSupreme Court of Iowa · 1927
- Papke v. PearsonSupreme Court of Minnesota · 1938
- Leach v. LeachSupreme Court of Minnesota · 1925
- Forest Lake State Bank v. EkstrandSupreme Court of Minnesota · 1910
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