London & Northwestern American Mortgage Co. v. Tracy
Supreme Court of Minnesota
Appeal by defendant, Bridget Tracy, from an order of the District Court of Ramsey County, John W. Willis, J., made February 5, 1894, overruling her demurrer to the complaint. • Plaintiff’s negligence excludes it from obtaining relief. It knew that Bridget Tracy had a mortgage upon this property at the time it made the loan, and the record was also constructive notice of all her rights and equities under it. Against negligence the courts afford no relief.
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Appeal by defendant, Bridget Tracy, from an order of the District Court of Ramsey County, John W. Willis, J., made February 5, 1894, overruling her demurrer to the complaint. • Plaintiff’s negligence excludes it from obtaining relief. It knew that Bridget Tracy had a mortgage upon this property at the time it made the loan, and the record was also constructive notice of all her rights and equities under it. Against negligence the courts afford no relief. Geib v. Reynolds, 35 Minn. 331; Birke v. Abbott, 103 Ind. 1; Gashill v. Wales, 36 N. J. Eq. 527. cited Emmert v. Thompson, 49 Minn. 386;…
1Opinion of the CourtGilfillan, C. J.
Appeal from an order overruling a demurrer to the coniplaint. Stating briefly the facts alleged in the complaint, they are:
One Seguin owned certain land, and executed a mortgage thereon to one Cochran. After that he conveyed to Thomas Tracy, subject to the mortgage. Thomas Tracy executed a mortgage to Seguin, *203and he assigned to Michaud. Thomas Tracy then conveyed an undivided half of the land to Lawrence Tracy, subject to the Cochran mortgage. Thomas and Lawrence Tracy then executed a mortgage to defendant, and Lawrence afterwards conveyed his undivided half to one Emmert. Before this…
2Cases cited1 opinion
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
3Cited by12 opinions
- Universal Title Insurance Company, a Minnesota Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1991
- Citizens State Bank v. Raven Trading Partners, Inc.Supreme Court of Minnesota · 2010
- Louisville Joint Stock Land Bank v. Bank of PembrokeCourt of Appeals of Kentucky (pre-1976) · 1928
- Bormann v. HatfieldWashington Supreme Court · 1917
- Elliott v. TainterSupreme Court of Minnesota · 1903
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