Cuilerier v. Brunelle
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Polk county, sustaining a demurrer by defendants Brunelle and wife to the complaint, which alleges, in substance, the following facts: On March 28, 1881, one Hubert St. Arnault was the owner of two 80-acre tracts of land, and mortgaged them to Hammond and Bush, the mortgage being duly recorded on March 29, 1881. On March 29, 1881, St. Arnault sold and conveyed one of the tracts to Beausoliel, who mortgaged it to St.…
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Appeal by plaintiff from an order of the district court for Polk county, sustaining a demurrer by defendants Brunelle and wife to the complaint, which alleges, in substance, the following facts: On March 28, 1881, one Hubert St. Arnault was the owner of two 80-acre tracts of land, and mortgaged them to Hammond and Bush, the mortgage being duly recorded on March 29, 1881. On March 29, 1881, St. Arnault sold and conveyed one of the tracts to Beausoliel, who mortgaged it to St. Arnault, the deed and mortgage being both recorded after the Hammond and Bush mortgage was recorded. Thereafter St.…
1Opinion of the Court
Gilfillan, C. J.1
One St. Arnault owned two 80-acre tracts and executed a mortgage thereon to Hammond and Bush, and then conveyed one 80 to Beausoliel, who executed a mortgage thereon to St. Arnault. The latter assigned this mortgage to plaintiff. Hammond and Bush foreclosed their mortgage, the two pieces being sold as one tract, for one gross sum, to Bush. Within the year from the time of the sale, plaintiff assumed to redeem from the sale by virtue of his mortgage, and paid the proper amount to the sheriff, who executed to him a certificate of redemption, dated within the year. It does not…
2Cases cited2 opinions
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Dickerson v. HayesSupreme Court of Minnesota · 1879
3Cited by7 opinions
- Moore v. PenneySupreme Court of Minnesota · 1919
- Buchanan v. ReidSupreme Court of Minnesota · 1890
- Nichols v. L & O, INC.Supreme Court of Minnesota · 1972
- Powers v. SherrySupreme Court of Minnesota · 1911
- Paschke v. C. W. Adams Lumber Co.Supreme Court of Minnesota · 1927
2 more not listed; retrieve them via the Exa API.