Holton v. Meighen
Supreme Court of Minnesota
This action was commenced in the district court for Fillmore county. The allegations of the complaint are substantially ; That on the 21st day of August, 1856, plaintiff executed to defendant his note for $202, due in twelve months, with interest at 30 per cent, per annum; that to secure its páyment, lié mortgaged to defendant the northwest quarter of section 15, township 102, range 11 of which plaintiff was then seized in fee as follows: he executed to • the defendant, a…
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This action was commenced in the district court for Fillmore county. The allegations of the complaint are substantially ; That on the 21st day of August, 1856, plaintiff executed to defendant his note for $202, due in twelve months, with interest at 30 per cent, per annum; that to secure its páyment, lié mortgaged to defendant the northwest quarter of section 15, township 102, range 11 of which plaintiff was then seized in fee as follows: he executed to • the defendant, a warranty deed of said land of that date, and defendant executed and delivered to plaintiff for a defeasance of said deed…
1Opinion of the CourtMcMillan, J.
By the Court This is an appeal from a judgment by which it is adjudged that a certain deed and agreement mentioned in the plaintiff’s complaint constitute a mortgage from the plaintiff to the defendant on land therein described, with other incidental relief. The judgment was entered upon the pleadings on motion of respondent, and without further trial. The only pleadings are the complaint and answer. The first question we shall consider is whether the answer sets up a defense: Second, whether the complaint states facts sufficient to constitute a cause of action.
A conveyance or assignment…
2Cases cited2 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Belote v. MorrisonSupreme Court of Minnesota · 1863
3Cited by7 opinions
- Keithley v. WoodIllinois Supreme Court · 1894
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Dillon v. PorterSupreme Court of Minnesota · 1887
- Benton v. NicollSupreme Court of Minnesota · 1877
- Parsons v. NoggleSupreme Court of Minnesota · 1877
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