Foster v. Johnson
Supreme Court of Minnesota
Appeal by defendant Johnson (impleaded with Seth Trowbridge and wife and others) from an order of the district court for Waton-wan county, Severance, J., presiding, overruling his separate demurrer to the complaint.
1Opinion of the CourtGxleillan, C. J.
This is an appeal from an order overruling a. demurrer to the complaint in an action to foreclose a mortgage upon real estate. The demurrer was by the defendant Johnson, who, as. the complaint alleges, claims to have some right, title, interest, claim, or lien in or to the land, and who has at all times resided and been out of the state. From the complaint it appears that on December 26, 1871, the defendant Seth Trowbridge executed two promissory notes, both payable to the order of Blake & Elliott, a firm composed of Lucius S. Blake and James T. Elliott, — the notes falling due, respectively,…
2Cases cited2 opinions
- Tidd v. RinesSupreme Court of Minnesota · 1879
- Gille v. HuntSupreme Court of Minnesota · 1886
3Cited by8 opinions
- Menage v. BurkeSupreme Court of Minnesota · 1890
- A. J. Dwyer Pine Land Co. v. WhitemanSupreme Court of Minnesota · 1904
- Fisher v. BouissonNorth Dakota Supreme Court · 1893
- Glaze v. StrykerSupreme Court of Minnesota · 1916
- Topping v. ClaySupreme Court of Minnesota · 1895
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