Skinner v. Harker
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County, This is a controversy, as to their respective liabilities to the mortgagee and as to their equities among themselves, between a mortgagor, a mortgagee, and successive grantees of the mortgagor, of different parcels of the mortgaged property conveyed at different times, some of which grantees assumed the payment of the entire debt, others only a portion thereof, and others took only the mortgagor’s equity of redemption.
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Appeal from the District Court of Arapahoe County, This is a controversy, as to their respective liabilities to the mortgagee and as to their equities among themselves, between a mortgagor, a mortgagee, and successive grantees of the mortgagor, of different parcels of the mortgaged property conveyed at different times, some of which grantees assumed the payment of the entire debt, others only a portion thereof, and others took only the mortgagor’s equity of redemption. James B. Foote was the owner of a fractional quarter section of land in Boulder county containing 148 acres, and during the…
1Opinion of the CourtJustice Campbell
There are but two questions for determination upon this appeal:
First. Is the thirty acre tract the primary fund out of which, as between the different debtors, the entire mortgage debt is first to be paid, before resorting to. the other tract of *339one hundred and eighteen acres, or is the former liable only for its proportionate share of the indebtedness ?
Second. Was the personal judgment against appellants authorized ?
In this opinion Harker and Williams are designated as mortgagees, the securities as mortgages, and the notes as mortgage indebtedness, for the rules as to the questions before us…
2Cases cited4 opinions
- Marsh v. PikeNew York Court of Chancery · 1844
- Burger v. GreifCourt of Appeals of Maryland · 1881
- Caruthers v. HallMichigan Supreme Court · 1862
- Weber v. ZeimetWisconsin Supreme Court · 1872
3Cited by3 opinions
- Starbird v. CranstonSupreme Court of Colorado · 1897
- M. E. Smith & Co. v. WilsonCourt of Appeals for the Eighth Circuit · 1925
- Woodward v. MolanderSupreme Court of Colorado · 1933