Parret v. Shaubhut
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE BLUE EARTH COUNTY. Points and Authorities of Plaintiffs in Error. Pirst. — Tbe mortgage to Thompson, bearing date June 8, 1858, was tbe first and oldest lien or incumbrance upon tbe premises. It has never been satisfied nor extinguished. It is therefore entitled to priority. Edwards on Bills and Prom. Notes, 550-552. 1 Hilliard on Mort., eh. 17, sees. 7, 10, 11, 11 1), 12; 8 B. Mon. 287; 14 Oonn. 334, 472; 16 Piole. 22; (24); 4 John. Oh.
Read the full summary
ERROR TO THE DISTRICT COURT OE BLUE EARTH COUNTY. Points and Authorities of Plaintiffs in Error. Pirst. — Tbe mortgage to Thompson, bearing date June 8, 1858, was tbe first and oldest lien or incumbrance upon tbe premises. It has never been satisfied nor extinguished. It is therefore entitled to priority. Edwards on Bills and Prom. Notes, 550-552. 1 Hilliard on Mort., eh. 17, sees. 7, 10, 11, 11 1), 12; 8 B. Mon. 287; 14 Oonn. 334, 472; 16 Piole. 22; (24); 4 John. Oh. Rep. 65; 3 Barb. Oh. 293'; 13 Sm. and M. 373; 9 Mass. 242 (247); 20 John. 407; 8 John 54; 12 How. U. S. 327; 4 Sand. Oh. 57; 1…
1Opinion of the Court
By the Court
ElaNdbau, J.
On the 8th day of June, 1858, Parret and wife executed a moi’tgage upon the land in question to Charles Thompson, to secure the sum of one thousand dollars, payable in one year, which mortgage was properly recorded.
On the 14th day of May, 1859, PaiTet and wife executed another mortgage upon the same premises to John J. and Henry Shaubhut, to secure the sum of four hundred and foi'ty-nine dollars and sixty-nine cents, payable in two months; which mortgage was properly executed and delivered, but in the recording of the same the Begister of Deeds omitted one of the…
2Cited by16 opinions
- Prentice v. Duluth Storage & Forwarding Co.Court of Appeals for the Eighth Circuit · 1893
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
- Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
- Edwards v. ThomSupreme Court of Florida · 1889
- James v. WilderSupreme Court of Minnesota · 1878
11 more not listed; retrieve them via the Exa API.