Reider v. Walz
Supreme Court of Minnesota
Action in the district court for Otter Tail county to have an absolute deed made by plaintiffs to defendant Lizzie Walz declared a mortgage, and to redeem therefrom; and to vacate a subsequent deed of the premises made by defendant Walz to defendant Bertha Whiting. The case was tried before Baxter, J., who set aside a special verdict of the jury, to which certain questions referred to in the opinion were submitted, and found in favor of defendants.
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Action in the district court for Otter Tail county to have an absolute deed made by plaintiffs to defendant Lizzie Walz declared a mortgage, and to redeem therefrom; and to vacate a subsequent deed of the premises made by defendant Walz to defendant Bertha Whiting. The case was tried before Baxter, J., who set aside a special verdict of the jury, to which certain questions referred to in the opinion were submitted, and found in favor of defendants. From a judgment entered pursuant to the findings, plaintiffs appealed.
1Opinion of the CourtStart, C. J.
The complaint alleged, with other matters, that on October 26, 1895, the plaintiff George Reider was the owner and in the possession of the *400premises described in the complaint, and that he and his wife on that day made and delivered- to the defendant Lizzie Walz a deed of the premises, absolute in its terms, but in fact intended by the parties thereto as a mortgage to secure the payment of the sum of $1,095.80 to the defendant,Michael Walz, the husband of the grantee, due him for money advanced by him to the grantors to redeem the premises from a prior mortgage and a certain other debt then…
2Cases cited4 opinions
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- In re the Probate of the Will of PinneySupreme Court of Minnesota · 1880
- Pickett v. PickettSupreme Court of Minnesota · 1880
- Marvin v. DutcherSupreme Court of Minnesota · 1880
3Cited by8 opinions
- Sorlie v. ThomasSupreme Court of Minnesota · 1952
- Buzalsky v. BuzalskySupreme Court of Minnesota · 1909
- Lewis v. MurraySupreme Court of Minnesota · 1915
- Nienow v. Village of MapletonSupreme Court of Minnesota · 1919
- Kainea v. KreugerHawaii Supreme Court · 1929
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