Supreme Court of Minnesota August 7, 1908, Nos. 15,579-(128) (Clement v. Willett)

ELLIOTT. J.

This is an appeal from an order sustaining a demurrer to a complaint which in substance alleges the following facts: In November,

1904, Fred Schaer and wife gave to John Schmitt, a resident of Iowa, a mortgage on eighty acres of land in Kossuth county, Iowa, to secure the payment of three promissory notes, aggregating the sum of $1,300.