Alt v. Banholzer
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Hen-nepin county, and from an order refusing a new trial, the action having been tried by Hicks, J., without a jury. A former appeal is reported, 36 Minn. 57.
1Opinion of the CourtMitchell, J.
The only facts here material are that a married man executed upon his homestead a mortgage, (not for purchase-money,) with covenants of title, but without his wife’s signature. Subsequently the wife obtained a divorce, and, having since become the purchaser of the premises, brings this suit against the mortgagee to have the mortgage adjudged void. Inasmuch as the court finds as facts that the mortgagee knew when he took the mortgage that the mortgagor was a married man, and that the plaintiff, when she purchased, did not agree to pay the mortgage, the questions involved on a former appeal (36…
2Cases cited3 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Conrad v. LaneSupreme Court of Minnesota · 1880
- Alt v. BanholzerSupreme Court of Minnesota · 1886
3Cited by19 opinions
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Kelly v. MosbySupreme Court of Oklahoma · 1912
- Lewis v. LewisSupreme Court of Alabama · 1917
- Law v. ButlerSupreme Court of Minnesota · 1890
- Kemery v. ZeiglerIndiana Supreme Court · 1912
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