Hall v. Southwick
Supreme Court of Minnesota
Action to determine defendant’s claim of a lien on certain real estate in Ereeborn county. The defendant in his answer alleged himself to be the owner of a valid and subsisting mortgage on the premises, made December 24, 1870, by one Kenyon, the then owner of the premises, to one Street, and on June 17, 1870, assigned by Street to one Anderson,, and on July 21, 1870, assigned by Anderson to defendant, such mortgage and each of the assignments being for a valuable…
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Action to determine defendant’s claim of a lien on certain real estate in Ereeborn county. The defendant in his answer alleged himself to be the owner of a valid and subsisting mortgage on the premises, made December 24, 1870, by one Kenyon, the then owner of the premises, to one Street, and on June 17, 1870, assigned by Street to one Anderson,, and on July 21, 1870, assigned by Anderson to defendant, such mortgage and each of the assignments being for a valuable consideration, and duly recorded. The plaintiff in his reply alleged that the mortgage had been fully paid. The action was tried by…
1Opinion of the CourtGilfillan, C. J.
That this action was commenced and' prosecuted without authority of the plaintiff was -not matter of defence, and such objection could not be made by answer. If true, defendant’s remedy was by motion. On* *235the merits, the only issue is as to the payment and satisfaction of the mortgage executed by Kenyon to Street. The court below does not find as a fact that it was paid. The-transaction, as shown in the evidence, which is claimed to establish the payment, was not such as to require us to hold that it proves the fact, and that the court below ought to-have so found. The transaction on its face…
2Cited by5 opinions
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Morris & Co. v. AlstonSupreme Court of Alabama · 1890
- Guaranty Trust Co. of New York v. Minneapolis & St. L. R.Court of Appeals for the Fourth Circuit · 1928
- Anderson v. LearoydMassachusetts Supreme Judicial Court · 1900
- Institute of Educational Travel v. BinkerdAppellate Terms of the Supreme Court of New York · 1915