Legal Opinion

Farmers' Bank v. Winslow

Supreme Court of Minnesota

Decided July 15, 1859PublishedCited by 9 opinions

"Writ of Error to tbe District Court of Hennepin County. Hon. E. O. Hamlin rendered judgment upon demurrer to tbe answer, in favor of tbe Defendants, Hamilton, Brooks & Co., in tbe Court below, and tbe Plaintiff sued out tbe Writ of Error. Tbe facts appear in tbe opinion of tbe Court.

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"Writ of Error to tbe District Court of Hennepin County. Hon. E. O. Hamlin rendered judgment upon demurrer to tbe answer, in favor of tbe Defendants, Hamilton, Brooks & Co., in tbe Court below, and tbe Plaintiff sued out tbe Writ of Error. Tbe facts appear in tbe opinion of tbe Court. Tbe following are tbe points and authorities relied upon by tbe Counsel for tbe Plaintiff in Error : Fwst — A mortgage of land is a purchase of tbe same for a-valuable consideration, and comes within tbe provisions of ¡Section 24, page 213 of tbe Bevised Statutes of Minnesota. Revised Statutes of Minnesota,…

1Opinion of the Court

By the Court

— Atwater, J.

The Farmers’ Bank commenced an action in the District Court for the Fourth Judicial District for the foreclosure of a mortgage held by the Plaintiff against certain property of the Defendant Winslow, in St. Anthony, known as the Winslow House. The complaint alleges that the mortgage was executed on the 14th day of August, 1857, and was recorded in Hennepin county, (in which the property was situated,) on the 4th day of September, of the same year. In this suit, Hamilton, Brooks & Co. were made Defendants, with others, and interposed a defence, claiming a prior lien…

2Cited by9 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. SpragueSupreme Court of Minnesota · 1918
  2. Whipple v. MahlerSupreme Court of Minnesota · 1943
  3. Heffelfinger v. AppletonSupreme Court of Minnesota · 1919
  4. Dennis v. SmithSupreme Court of Minnesota · 1888
  5. McKeen v. HaseltineSupreme Court of Minnesota · 1891

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