Hammond v. Peyton
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis, Lake and Cook counties, Steams, J., presiding, sustaining a demurrer to the complaint.
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Appeal by plaintiff from an order of the district court for St. Louis, Lake and Cook counties, Steams, J., presiding, sustaining a demurrer to the complaint. The facts alleged in the complaint, briefly stated, are as follows, viz.: On February 3, 1881, one Semple, then the owner of certain described lands situate in Lake county, conveyed the same by deed in due form to Simon B. Paige and John A. Paige, who were partners as S. B. & J. A. Paige, in consideration of the sum of $4,500 to be thereafter paid. The deed was duly recorded in the office of the register of deeds of Lake county. No part…
1Opinion of the Court
Berry, J.1
The equitable lien of a grantor for the price of real estate has been recognized by this court in Selby v. Stanley, 4 Minn. 34, (65;) Daughaday v. Paine, 6 Minn. 304, (443;) Duke v. Balme, 16 Minn. 270, (306;) and Walter v. Hanson, 33 Minn. 474. But whether the lien is assignable, or whether, if assignable, it passes upon the transfer of the debt which it secures as an incident thereof, and without any express or formal assignment, has not been here determined. It is to be regretted that the idea of a grantor’s lien was ever admitted, especially in this country, where registration…
2Cases cited10 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
- Carli v. Stillwater & Saint Paul RailroadSupreme Court of Minnesota · 1871
- Simpson v. MundeeSupreme Court of Kansas · 1865
- Philbrook v. DelanoSupreme Judicial Court of Maine · 1849
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Alabama-Florida Co. v. MaysSupreme Court of Florida · 1933
- Peters v. TunellSupreme Court of Minnesota · 1890
- Gessner v. PalmateerCalifornia Supreme Court · 1891
- Law v. ButlerSupreme Court of Minnesota · 1890
- Langevin v. BloomSupreme Court of Minnesota · 1897
8 more not listed; retrieve them via the Exa API.