Kelly v. First State Bank of Rothsay
Supreme Court of Minnesota
Action in the district court for Wilkin county to recover $6,000 for slander of title. The case was tried before Flaherty, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and at the close of the testimony denied plaintiff’s motion for a directed verdict and granted defendants’ motion for a directed verdict. From an order denying his motion to set aside the verdict and for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
In November, 1917, Herman Jass owned a farm in Wilkin county subject to two mortgages. Jass borrowed $1,500 from defendant bank to take up the second mortgage, and it was used for that purpose. To evidence the loan, he gave the bank his note for the amount, and, to secure it, signed and acknowledged a mortgage upon the land. Jass was married, but his wife was ill in Iowa. It was agreed that she would later call at the bank and execute the mortgage. In the meantime the mortgage was not recorded. In this situation Jass conveyed the land to plaintiff by warranty deed subject only to the…
2Cases cited9 opinions
- Burkett v. GriffithCalifornia Supreme Court · 1891
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
- Wilson v. DuboisSupreme Court of Minnesota · 1886
- Coffman v. HendersonAlabama Court of Appeals · 1913
- Coles v. YorksSupreme Court of Minnesota · 1883
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3Cited by20 opinions
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- Walley v. HUNTMississippi Supreme Court · 1951
- Paidar v. HughesSupreme Court of Minnesota · 2000
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
- Dowse v. Doris Trust Co.Utah Supreme Court · 1949
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