Supreme Court of Minnesota January 15, 1872 (Merrill v. Nelson)

By the Court.

Berry, J.

On September 28th, 1857, Jennetta Orees, being the wife of J. W. Orees and owner of certain lands, executed an instrument, claimed to be a mortgage thereof, running to plaintiff. The instrument is in terms made “ by and between Jennetta Orees * * * party of the first part, * * and John J.