Legal Opinion

Security Bank v. Holmes

Supreme Court of Minnesota

Decided June 16, 1897No. Nos. 10,515—(122)PublishedCited by 5 opinions

Appeal by defendants from an order of the district court for St-Louis county, Moer, J., striking out certain portions of their answer.

1Opinion of the CourtMitchell, J.

This action was brought by the plaintiff, a purchaser at a foreclosure sale, upon a covenant against incumbrances, contained in the mortgage, to recover the amount which it had to-pay to discharge prior incumbrances on the mortgaged premises. After our decision on a former appeal, 65 Minn. 531, 68 N. W. 113,. reversing an order sustaining a demurrer to the complaint, the defendants interposed an answer; and this appeal is from an order-striking out certain portions of that answer, paragraphs 6, 8, 9, 15,.. 17, 20, and part of 19, as irrelevant and redundant.

1. Paragraphs 6 and 9 of the answer…

2Cases cited4 opinions

  1. Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
  2. American Building & Loan Ass'n v. WaleenSupreme Court of Minnesota · 1892
  3. Lawton v. St. Paul Permanent Loan Co.Supreme Court of Minnesota · 1894
  4. Security Bank v. HolmesSupreme Court of Minnesota · 1896

3Cited by5 opinions

  1. Rooney v. KoenigSupreme Court of Minnesota · 1900
  2. Clement v. WillettSupreme Court of Minnesota · 1908
  3. Brinton v. JohnsonIdaho Supreme Court · 1922
  4. Allis v. FoleySupreme Court of Minnesota · 1914
  5. Gustafson v. GervaisSupreme Court of Minnesota · 1971

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