Mitchell v. Tschida
Supreme Court of Minnesota
Appeal by plaintiff, as administrator of the estate of Jane H. Whittlesey, deceased, from a judgment for defendant entered in the district court for Morrison county pursuant to findings and an order of Baxter, J. At common law crops raised were as much security for the debt as the land itself, and upon the failure of the mortgagor to pay the mortgage at the time it became due, the entire property, growing crops included, passed to the mortgagee.
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Appeal by plaintiff, as administrator of the estate of Jane H. Whittlesey, deceased, from a judgment for defendant entered in the district court for Morrison county pursuant to findings and an order of Baxter, J. At common law crops raised were as much security for the debt as the land itself, and upon the failure of the mortgagor to pay the mortgage at the time it became due, the entire property, growing crops included, passed to the mortgagee. Keech v. Hall, 1 Doug. 21;. Aldrich v. Reynolds, 1 Barb. Ch. 613; Shepard v. Phil-brick, 2 Denio, 174; Gillett v. Balcom, 6 Barb. 370; Howell v.…
1Opinion of the CourtBuck, J.
This is an action of replevin, originally brought by Jane H. Whittlesey, but upon her death the action was continued by her administrator.
On December 31, 1890, the defendant owned certain farm lands, and mortgaged the same to Jane H. Whittlesey to secure a loan of $650. He having defaulted in the payment of the loan, the mortgage was on June 18,1894, duly foreclosed, the mortgagee being the purchaser. In the spring of 1895 the defendant Tscliida, being still in possession of the premises, seeded part of them to wheat and oats, and the crops in controversy are those raised by defendant from…
2Cited by1 opinion
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