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MODEL HOME BUILDING, INC. v. TURNQUIST

No. 37,882.

258 Minn. 53 (1960)

102 N.W. (2d) 717

MODEL HOME BUILDING, INC. v. ARTHUR E. TURNQUIST AND OTHERS. ST. PAUL FEDERAL SAVINGS & LOAN ASSOCIATION, APPELLANT.

Supreme Court of Minnesota.

April 29, 1960.

Attorney(s) appearing for the Case

Gustav C. Axelrod, for appellant.

Johnson & Sands and James D. Rogers, for plaintiff respondent.

Beaudoin, Thuet, Todd & Pavlak, for respondent R & L Lumber Company, d.b.a. Johnson Cashway Lumber Company.

KNUTSON, JUSTICE.

This is an appeal from an order of the district court denying a motion for a new trial.

The facts are not in dispute. On and prior to September 16, 1955, defendants Arthur E. Turnquist and Jane A. Turnquist were the owners of a tract of land situated in Chisago County, Minnesota, used as their homestead. The description of the land is immaterial. On September 16, 1955, defendants Turnquist executed and delivered a mortgage

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