Hamilton v. Wood
Supreme Court of Minnesota
Appeal by defendant, William F. Wood, from an order of tbe District Court of Hennepin County, Seggrave Smith, J., made May 6, 1893, granting an injunction restraining a sale pending this action. The defendant constructed a house on lot four (4) in block forty nine (49) in St. Louis Park Centre, for Ida F. Schmidt, for $1,035. The plaintiff, Joseph Hamilton, advanced this money for the purpose and tvas to have a mortgage on the house and lot for the amount.
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Appeal by defendant, William F. Wood, from an order of tbe District Court of Hennepin County, Seggrave Smith, J., made May 6, 1893, granting an injunction restraining a sale pending this action. The defendant constructed a house on lot four (4) in block forty nine (49) in St. Louis Park Centre, for Ida F. Schmidt, for $1,035. The plaintiff, Joseph Hamilton, advanced this money for the purpose and tvas to have a mortgage on the house and lot for the amount. After the house was built and the money paid she and her husband, August C. Schmidt, refused to execute and deliver the mortgage or repay…
1Opinion of the Court
VandeRbüRgh, J.
By his complaint in this action the plaintiff seeks tbe equitable interference of tbe court to restrain tbe sale of certain real property under a judgment for tbe foreclosure of a mechanic’s lien filed against tbe same by defendant, which judgment plaintiff alleges was fraudulently entered after tbe lien was settled by plaintiff. Upon tbe facts stated plaintiff asks an injunction restraining tbe proceedings, and a threatened sale under tbe judgment, pending the action, and for the dismissal of all proceedings for tbe enforcement of tbe lien, and tbe satisfaction of tbe same.…
2Cases cited6 opinions
- McBlair v. GibbesSupreme Court of the United States · 1855
- Stees v. KranzSupreme Court of Minnesota · 1884
- Conkey v. DikeSupreme Court of Minnesota · 1871
- Gates v. SteeleSupreme Court of Connecticut · 1890
- Myers v. Duluth Transfer Railway Co.Supreme Court of Minnesota · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Haugen v. SundsethSupreme Court of Minnesota · 1908
- Seward v. SchrieberSupreme Court of Minnesota · 1953
- Fuller v. SchutzSupreme Court of Minnesota · 1903
- Furman v. KraussNew York Supreme Court · 1941
- Nolan v. DyerSupreme Court of Minnesota · 1899
3 more not listed; retrieve them via the Exa API.