Roberts v. Meighen
Supreme Court of Minnesota
Appeal by defendant Meighen from an order of the district court for Bock county, P. E. Brown, J., overruling a demurrer to the complaint. As to property rights, debts and dealings with each other and third parties, husband and wife are independent of each other, except as to dealings in lands, one with the other. They are not liable for each other’s debts, and a wife may buy her husband’s property at execution or foreclosure sale.
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Appeal by defendant Meighen from an order of the district court for Bock county, P. E. Brown, J., overruling a demurrer to the complaint. As to property rights, debts and dealings with each other and third parties, husband and wife are independent of each other, except as to dealings in lands, one with the other. They are not liable for each other’s debts, and a wife may buy her husband’s property at execution or foreclosure sale. G-. S. 1894, §§• 5530-5586; •Hossfeldt v. Dill, 28 Minn. 469; Gillespie v. Gillespie, 64 Minn. 381. Plaintiff had a right to redeem from the foreclosure. G. S.…
1Opinion of the CourtStart, C. J.
The complaint herein alleged these facts:
On October 28, 1893, the plaintiff! and her husband, O. H. Roberts, executed a mortgage, which was recorded, upon a lot then occupied by them as their homestead, the title thereto being in the husband, to W. H. Randall and S. H. Holbert, to secure the payment of certain promissory notes therein described and executed by the husband alone. The mortgage and debt thereby secured were duly assigned to the defendant Martin Webber, who, upon default in the conditions of the mortgage, foreclosed it by action, and became the purchaser of the premises at the…
2Cases cited4 opinions
- Williams v. StewartSupreme Court of Minnesota · 1879
- Dayton v. CorserSupreme Court of Minnesota · 1892
- Rother v. MonahanSupreme Court of Minnesota · 1895
- Kincaid v. School District No. 4Supreme Judicial Court of Maine · 1834
3Cited by2 opinions
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Kopp v. TheleSupreme Court of Minnesota · 1908