School District No. 10 v. Peterson
Supreme Court of Minnesota
Action in the district court for St. Louis county to quiet title to certain real estate. The cause was tried before .Moer, J., without a jury, and judgment was ordered in favor of plaintiff. From the judgment entered pursuant to the order, defendant Peterson appealed.
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Action in the district court for St. Louis county to quiet title to certain real estate. The cause was tried before .Moer, J., without a jury, and judgment was ordered in favor of plaintiff. From the judgment entered pursuant to the order, defendant Peterson appealed. Appellant contends that the recording act makes a judgment a lien on all lands standing in the name of the judgment debtor, free of all rights and interests of third parties of which the judgment creditor had no notice, actual or constructive, and that the recording act places a judgment creditor on an equal footing with…
1Opinion of the CourtStart, C. J.
The plaintiff is a corporation organized under the laws of the state relating to school districts. In March, 1890, Henry Nolan was its treasurer, and had converted to his own use $843 of its money. Thereafter, and prior to March 18, 1890, the defendant Jasper Daniels succeeded Nolan as the treasurer of the plaintiff. Thereupon, and on the day last named, Adele C. Nolan assigned a second mortgage on the land described in the complaint, and the note for $900 secured thereby, to Daniels, to secure the plaintiff’s claim against Henry Nolan on account of such deficit. The prior *125mortgage on the…
2Cases cited3 opinions
- Wilcox v. Leominster National BankSupreme Court of Minnesota · 1890
- State v. McGrortySupreme Court of Minnesota · 1858
- Schalck & Fenske v. HarmonSupreme Court of Minnesota · 1861
3Cited by10 opinions
- Mary Osin v. Robert H. JohnsonCourt of Appeals for the D.C. Circuit · 1957
- Henderson v. MurraySupreme Court of Minnesota · 1909
- Roberts v. FriedellSupreme Court of Minnesota · 1944
- Barnes v. SpencerOregon Supreme Court · 1915
- Wilson v. WilsonMontana Supreme Court · 1922
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