Lane v. Holmes
Supreme Court of Minnesota
Appeal by plaintiff, Mary 0. Lane, from an order of tbe District 'Court of Clay County, D. B. Searles, J., made July 19, 1893, denying her motion for a new trial. Tbe mistake wbicb defendant seeks to correct by bis answer, praying for equitable relief, was an error of law and was not mutual to tbe parties. When neither party is to blame and damage results to one, relief cannot be granted to the other.
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Appeal by plaintiff, Mary 0. Lane, from an order of tbe District 'Court of Clay County, D. B. Searles, J., made July 19, 1893, denying her motion for a new trial. Tbe mistake wbicb defendant seeks to correct by bis answer, praying for equitable relief, was an error of law and was not mutual to tbe parties. When neither party is to blame and damage results to one, relief cannot be granted to the other. Gatlin v. Fletcher, 9 Minn. 85; Hunt v. Rousmaniere’s Estate, 1 Pet. 1; Galtra t. Sanasach, 53 Ill. 456; Shroll v. Klinher, 15 Ohio, 155; 'Thompson y. Thompson, 18 Ohio St. 73. Tbe foreclosure…
1Opinion of the CourtBuck, J.
The plaintiff and her husband executed to the defendant a promissory note as follows:
“13,000. Moorhead, July 10, 1885. Five years after date I promise to pay to the order of John W. Holmes three thousand dollars, at Fulton Bank, New York, value received, with interest before and after maturity at the rate of-per cent, per annum until paid.. Alpheus F. Lane. Mary Cole Lane.”
At the same time they executed a mortgage on the northeast quarter of section thirty two (32) T. 139 E. 48, in Clay county, to secure the payment of said note, which mortgage contains this-clause: “Provided, nevertheless,…
2Cases cited3 opinions
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Hoopes v. CollingwoodSupreme Court of Colorado · 1887
- Pace v. ChadderdonSupreme Court of Minnesota · 1860
3Cited by10 opinions
- Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
- Kantack v. KreuerSupreme Court of Minnesota · 1968
- Meyer v. LemleyMontana Supreme Court · 1929
- Fagan v. People's Savings & Loan Ass'nSupreme Court of Minnesota · 1893
- Truesdale v. SidleSupreme Court of Minnesota · 1896
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