Legal Opinion

New England Mutual Life Ins. v. Capehart

Supreme Court of Minnesota

Decided December 9, 1895No. Nos. 9697-(232)PublishedCited by 5 opinions

Appeal by defendant Capehart from an order of the district court for Ramsey county, Otis, J., denying a motion for a new trial and also denying a motion to amend the findings and conclusions of law.

1Opinion of the CourtStart, C. J.

This is an action to remove a cloud from the title of the plaintiff to the lot described in the complaint. Findings of fact, and conclusions of law, and order for judgment in favor of the plaintiff canceling the cloud, were made by the trial court, and from an order denying his motion for a new trial the defendant Cape-hart appealed.

The district court found, among other facts not here material r That on December 9, 1888, the defendant Capehart was the owner-of the lot, and on that day duly executed to the plaintiff a mortgage-thereon, which was duly foreclosed on November 25, 1893, and the…

2Cases cited2 opinions

  1. Bovey De Laittre Lumber Co. v. TuckerSupreme Court of Minnesota · 1892
  2. Maloney v. FinneganSupreme Court of Minnesota · 1887

3Cited by5 opinions

  1. Haines v. Modern Woodmen of AmericaSupreme Court of Iowa · 1920
  2. Connecticut Mutual Life Insurance v. KingSupreme Court of Minnesota · 1898
  3. Lovell v. MarshallSupreme Court of Minnesota · 1925
  4. Hughes v. OlsonSupreme Court of Minnesota · 1898
  5. First National Bank of Glencoe/Minnetonka v. PletschCourt of Appeals of Minnesota · 1996

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