Law v. Citizens' Bank
Supreme Court of Minnesota
Action in the district court for Goodhue county to determine the adverse claims of defendants to land in possession of plaintiff. Upon the trial judgment was ordered for defendants upon the pleadings. From an order, Williston, J., granting a motion for a new trial, defendants appealed.
1Opinion of the CourtCollins, J.
At the trial below, the court ordered judgment for defendant bank on the pleadings, and thereafter vacated its order and granted a new trial. The bank and defendant Norton appealed.
The facts shown by the pleadings, which need to be stated in this opinion, are as follows: April 4, 1883, one Fagan was the owner of the quarter section of land in controversy, and executed and delivered (his wife joining therein) a first mortgage to one Miller, which mortgage was duly recorded. On the same day Fagan and his wife executed and delivered another mortgage upon the same tract of land, in which one…
2Cases cited8 opinions
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Russell v. H. C. Akeley Lumber Co.Supreme Court of Minnesota · 1891
- Holton v. BowmanSupreme Court of Minnesota · 1884
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3Cited by4 opinions
- Rambeck v. La BreeSupreme Court of Minnesota · 1923
- Kopp v. TheleSupreme Court of Minnesota · 1908
- Paschke v. C. W. Adams Lumber Co.Supreme Court of Minnesota · 1927
- Boehm's Inc. v. WachholzCourt of Appeals of Minnesota · 1993