Phillips v. Blaker
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Itasca county, Holland, J., refusing a new trial. G. S. 1891, § 5534, in using the word “interest” excludes mortgage liens, as a mortgage lien is not an interest in real estate.. 2 Bouvier, Law Diet. Title “Lien.” The purpose of the statute was to prevent fraud on the creditors of either husband or wife, and has no application to any case where their rights do not intervene.
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Appeal by plaintiff from an order of the district court for Itasca county, Holland, J., refusing a new trial. G. S. 1891, § 5534, in using the word “interest” excludes mortgage liens, as a mortgage lien is not an interest in real estate.. 2 Bouvier, Law Diet. Title “Lien.” The purpose of the statute was to prevent fraud on the creditors of either husband or wife, and has no application to any case where their rights do not intervene. With this view the decisions of this court have been in harmony. Luce v. Reed, 63 Minn. 5; Johnson v. Branch, (S. D.); 68 N. W. 173; Dillon v. Dillon, 13 Wash.…
1Opinion of the CourtBuck, J.
It was stipulated by the counsel for the respective parties that the sole question submitted to the trial court for its decision was as to which of two liens, plaintiff’s mortgage in suit or defendant Gilbert’s mortgage, referred to in the record, was a first lien on the premises in question. The trial court found that the mortgage of the defendant Gilbert was the first lien, and that finding is brought here for review. But little, if any, question arises upon the facts. The plaintiff, Eliza J. Phillips, was formerly the wife of one John A. Brown, from whom she obtained a divorce. The mort*153•gag…
2Cases cited1 opinion
- Roll v. RollSupreme Court of Minnesota · 1892
3Cited by6 opinions
- Vanderburgh v. VanderburghSupreme Court of Minnesota · 1922
- Snortum v. SnortumSupreme Court of Minnesota · 1923
- Erickson v. RobertsonSupreme Court of Minnesota · 1911
- Simmer v. Simmer, Jr.Supreme Court of Minnesota · 1935
- Kersten v. KerstenSupreme Court of Minnesota · 1911
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