Bozich v. First State Bank
Supreme Court of Minnesota
Action in the district court for St. Louis county to cancel a mortgage on a homestead. The answer alleged the mortgage was procured through the false representation of Stanley Bozich. The case was tried' before Fesler, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for amended findings or for a new trial, Stanley Bozich appealed.
1Opinion of the CourtDibell, J.
Action by the plaintiffs, husband and wife, to cancel a mortgage made by the plaintiff Stanley Bozich, his wife not joining, on their homestead. There were findings for the defendant, and the plaintiff Stanley *242Bozich appeals from the order denying his motion for a new trial. Mrs. Bozi-ch died after the commencement of the action. The questions are:(1) Whether Bozich secured the loan for which the mortgage was given by fraudulently representing that he was unmarried.(2) If so, whether he will now be heard to assert that the mortgage is void because his wife did not join, or is estopped to…
2Cases cited10 opinions
- Alt v. BanholzerSupreme Court of Minnesota · 1888
- Law v. ButlerSupreme Court of Minnesota · 1890
- Adams v. GilbertSupreme Court of Kansas · 1903
- Esty v. CummingsSupreme Court of Minnesota · 1899
- Alt v. BanholzerSupreme Court of Minnesota · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Seitz v. SitzeSupreme Court of Minnesota · 1943
- Butler Brothers Co. v. LevinSupreme Court of Minnesota · 1926
- St. Denis v. MullenSupreme Court of Minnesota · 1923
- Marine Credit Union v. Detlefson-DelanoSupreme Court of Minnesota · 2013
- HSBC Mortgage Services, Inc. v. GraikowskiCourt of Appeals of Minnesota · 2012