Calkins v. Copley
Supreme Court of Minnesota
In 1885, one Ingersoll, being the owner of the premises in controversy in this action, and his wife gave a power of attorney to one Hall, authorizing him to take possession of all lands belonging to Inger-soll in Minnesota, and to “sell the same or any thereof,” which power of attorney was duly recorded. Under this power of attorney Hall mortgaged the property in question in 1855, to one Brewer.
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In 1885, one Ingersoll, being the owner of the premises in controversy in this action, and his wife gave a power of attorney to one Hall, authorizing him to take possession of all lands belonging to Inger-soll in Minnesota, and to “sell the same or any thereof,” which power of attorney was duly recorded. Under this power of attorney Hall mortgaged the property in question in 1855, to one Brewer. In 1858, Ingersoll and wife conveyed the same property to one Yeazie, the deed containing a covenant upon the part of Ingersoll and wife that the land was “free from all encumbrances except a mortgage…
1Opinion of the CourtMitchell, J.
This is an appeal from an order overruling a demurrer to the complaint. The .sufficiency of the pleading depends upon the following question: Is a grantee who accepts a conveyance containing the following covenant, viz., “that the premises hereby conveyed are free from all encumbrances, except a mortgage to J. M. Brewer,” estopped, as against a party claiming under such mortgage, from denying its existence or validity? We use the term “estop,” because it is 'often used in the books in such a connection. Although where, as in this case, the mortgage was executed prior to the deed, it may be…
2Cases cited2 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Johnson v. ThompsonMassachusetts Supreme Judicial Court · 1880
3Cited by21 opinions
- Gerdine v. MenageSupreme Court of Minnesota · 1889
- Bennett v. KeehnWisconsin Supreme Court · 1886
- Scanlan v. GrimmerSupreme Court of Minnesota · 1898
- Crispo v. ConboySupreme Court of Minnesota · 1922
- Stewart v. Omaha Loan & Trust Co.Supreme Court of Missouri · 1920
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