Legal Opinion

Temple v. Davis

Supreme Court of Minnesota

Decided July 28, 1911No. Nos. 17,189—(242)PublishedCited by 9 opinions

Action in the district court for Hennepin county against James T. Davis, Sarah J. Davis, the wife of Eichard H. Davis, and Sarah J.-.Bishop, for judgment declaring plaintiff to be the owner of' certain property, free and clear of any claims of defendants and, if the court should be of opinion that any sum was due to any off the defendants under the contract set out in the opinion, for an accounting.

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Action in the district court for Hennepin county against James T. Davis, Sarah J. Davis, the wife of Eichard H. Davis, and Sarah J.-.Bishop, for judgment declaring plaintiff to be the owner of' certain property, free and clear of any claims of defendants and, if the court should be of opinion that any sum was due to any off the defendants under the contract set out in the opinion, for an accounting. The complaint alleged that the mortgages executed by the defendant Sarah J. Davis, and her husband, to the defendant' James T. Davis and the defendant Bishop, were made with full notice on the…

1Opinion of the CourtStart, C. J.

This action was brought to have a deed- of eighty acres of land and the mortgages thereon canceled, and the plaintiff adjudged to be-*330the owner thereof, free from any claims thereon of the defendants, on the ground that the contract pursuant to which the deed was executed was for a loan of money and usurious. The case was tried by the court without a jury, and findings of fact made in favor of the defendants, and judgment directed to be entered in their favor. It was so entered, from which the plaintiff appealed.

The only error here assigned is to the effect that the ninth finding of fact by…

2Cases cited4 opinions

  1. Smith v. ParsonsSupreme Court of Minnesota · 1893
  2. Saxe v. WomackSupreme Court of Minnesota · 1896
  3. Yellow Medicine County Bank v. CookSupreme Court of Minnesota · 1895
  4. Hutchinson v. HerrickSupreme Court of Minnesota · 1894

3Cited by9 opinions

  1. Andrews v. AndrewsSupreme Court of Minnesota · 1927
  2. Whisler v. FindeisenSupreme Court of Minnesota · 1968
  3. Wetsel v. Guaranteed Mortgage Co.Supreme Court of Minnesota · 1935
  4. Hobart v. MichaudSupreme Court of Minnesota · 1928
  5. Clausen v. SalhusSupreme Court of Minnesota · 1932

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