TWEEDDALE V. TWEEDDALE
93 N.W. 440 (1903)
NATURE OF THE CASE: This was an action to foreclose a mortgage. Edward (P), third-party
grantee, sought relief from an entry of judgment for (D), grantor, and others in P's action
brought against D and others seeking to foreclose on a mortgage agreement.
FACTS: Daniel (D) in exchange for consideration got from his mother land. D gave her a
bond for $1350 to be paid if he sold the land. The bond was to be paid out $1200 to mother,
$50 to his sister and $100 to his brother Edward (P). The land was sold and D settled with
his mother but not with the others. P did not know of the original transaction. The mother
released the bond and P sued. P did not give the mother any authority to satisfy the
mortgage as to his interest therein. The trial court held that P did not have a cause of
action. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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