Rogers v. Benton
Supreme Court of Minnesota
Plaintiffs brought this action, on August 31, 1887, in the district court for Chisago county, against the defendant Elizabeth Benton, who is the widow, and the other defendants, who are the heirs-at-law, of Edwin K. Benton, deceased, to remove from plaintiffs’ title to the lands described in the complaint, the cloud created by defendants’ claim of title thereto, and to have it adjudged that the defendants have no title or interest in the land or any right of possession, etc.
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Plaintiffs brought this action, on August 31, 1887, in the district court for Chisago county, against the defendant Elizabeth Benton, who is the widow, and the other defendants, who are the heirs-at-law, of Edwin K. Benton, deceased, to remove from plaintiffs’ title to the lands described in the complaint, the cloud created by defendants’ claim of title thereto, and to have it adjudged that the defendants have no title or interest in the land or any right of possession, etc. The action was tried by Crosby, J., who found the facts stated in the opinion, and ordered judgment for plaintiffs. A…
1Opinion of the CourtMitchell, J.
The principal questions in this case are, what constitutes “a mortgagee in possession,” and what are his rights? The facts, as found by the court, so far as here material, are that, one Edwin K. Benton being the owner of a tract of land containing 240 acres, he and his wife, defendant Elizabeth Benton, in December, 1857, executed a mortgage upon it to William and James Chaffee, to secure the 'payment of $1,000, in one year. Benton resided on the land until the fall of 1866, when he left the state, and went to the state of Connecticut, where he continued to reside until his death, October 3,…
2Cases cited15 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Stewart v. Erie & Western Transportation Co.Supreme Court of Minnesota · 1871
- Holmes v. CampbellSupreme Court of Minnesota · 1867
- Whalley v. EldridgeSupreme Court of Minnesota · 1877
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3Cited by45 opinions
- Burns v. HiattCalifornia Supreme Court · 1906
- Stouffer v. HarlanSupreme Court of Kansas · 1903
- Nash v. Northwest Land Co.North Dakota Supreme Court · 1906
- Kelso v. NortonSupreme Court of Kansas · 1902
- Cargill v. ThompsonSupreme Court of Minnesota · 1894
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