Legal Opinion

Sime v. Lewis

Supreme Court of Minnesota

Decided November 18, 1910No. Nos. 16,748—(96)PublishedCited by 6 opinions

Action in the district court for Hennepin county to recover $250 upon a promissory note. The answer alleged that the note was secured by mortgage; that the mortgagee assigned the note and mortgage to one A. H. Cummings; that defendants conveyed the mortgaged premises to Margaret M. Smith, and said conveyance was by its terms subject to the mortgage; that said Cummings at the maturity of the note agreed with the purchaser of the mortgaged premises to extend the time of its…

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Action in the district court for Hennepin county to recover $250 upon a promissory note. The answer alleged that the note was secured by mortgage; that the mortgagee assigned the note and mortgage to one A. H. Cummings; that defendants conveyed the mortgaged premises to Margaret M. Smith, and said conveyance was by its terms subject to the mortgage; that said Cummings at the maturity of the note agreed with the purchaser of the mortgaged premises to extend the time of its payment without the knowledge or consent of defendants; that Cummings still continued to be and was the owner and holder…

1Opinion of the CourtO’Brien, J.

Oh April '3, 1907, defendants executed and delivered their promissory note, payable to the order of Ira Knapp, one year from date, in the sum of $250, with interest from date until paid. The note was secured by a mortgage upon real estate. Some time prior to the maturity of the note, it and the mortgage were purchased by A. II. Cummings. On September 11, 1907, defendants by warranty deed conveyed the mortgaged premises to Margaret M. Smith. The deed recited the conveyance was subject to two certain mortgages, aggregating $1,605, and “also subject to a mortgage of two hundred and fifty dollars…

2Cases cited2 opinions

  1. Travers v. DorrSupreme Court of Minnesota · 1895
  2. Simpson v. EvansSupreme Court of Minnesota · 1890

3Cited by6 opinions

  1. Alropa Corp. v. SnyderSupreme Court of Georgia · 1936
  2. Jefferson County Bank v. EricksonSupreme Court of Minnesota · 1933
  3. Mutual Benefit Life Insurance Co. v. LindleyIndiana Court of Appeals · 1932
  4. O'NEIL v. DuxSupreme Court of Minnesota · 1960
  5. Citizens State Bank of Herscher v. PetersSupreme Court of Minnesota · 1930

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