Madigan v. Mead
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Houston county, to redeem certain premises from a conveyance which the complaint alleged was a mortgage in fact although g, deed in form, and for an accounting by defendant Mead, who held the title. The defendants made default, and the action was referiecl to a referee to take proofs and an accounting.
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Plaintiff brought this action in the district court for Houston county, to redeem certain premises from a conveyance which the complaint alleged was a mortgage in fact although g, deed in form, and for an accounting by defendant Mead, who held the title. The defendants made default, and the action was referiecl to a referee to take proofs and an accounting. The refere'e having found the facts as recited in the opinion, the court, Farmer, J., presiding, ordered judgment for plaintiff, winch was- entered, and the defendant Mead appealed. The complaint alleges neither fraud, surprise nor…
1Opinion of the CourtVanderburgh, J.
In 1871, the plaintiff, owning the house and lot in controversy, which were heavily incumbered with mortgages and judgment liens, and being otherwise also indebted, entered into an agreement by parol with the defendant Roach, by which, as he alleges in substance, the latter would take a conveyance of the premises as security for all sums which should be advanced by him in the payment of such debts, and, on being reimbursed therefor out of the rents of the premises, or by repayment thereof by plaintiff, together with interest and expenses, he should reconvey the same to plaintiff. The…
2Cases cited11 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Peugh v. DavisSupreme Court of the United States · 1878
- Wood v. CullenSupreme Court of Minnesota · 1868
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Robinson v. . WilliamsNew York Court of Appeals · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
8 more not listed; retrieve them via the Exa API.