Spooner v. Travelers Insurance
Supreme Court of Minnesota
Action in the district court for Stevens county to set aside the foreclosure of a mortgage as in fraud of the mortgagor’s creditors, and to have plaintiff’s judgment declared to be still a lien on the mortgaged premises. The case was tried before C. L. Brown, J., who found in favor of defendant, and from a judgment entered pursuant to the findings and order for judgment, plaintiff appealed.
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Action in the district court for Stevens county to set aside the foreclosure of a mortgage as in fraud of the mortgagor’s creditors, and to have plaintiff’s judgment declared to be still a lien on the mortgaged premises. The case was tried before C. L. Brown, J., who found in favor of defendant, and from a judgment entered pursuant to the findings and order for judgment, plaintiff appealed. The rule laid down in Baldwin v. Rogers, 28 Minn. 544, and followed in Horton v. Kelly, 40 Minn. 193, Blake v. Boisjoli, 51 Minn. 296, and Aultman & T. Co. v. Pikop, 56 Minn. 531, is not applicable. But…
1Opinion of the CourtStart, C. J.
This was an action by the plaintiff, a judgment creditor, to set aside a foreclosure of a real-estate mortgage on the ground that the sale was fraudulent as to the mortgagor’s creditors. The trial court made its findings, of fact, in which was included the special finding of the jury on the issue of fraud, and, as a conclusion of law, found that the plaintiff was not entitled to any relief, and ordered judgment for the defendant on the merits. Judgment was so entered, and the plaintiff appealed. The record contains no settled case or bill of exceptions, and the assignments of error are to *314the…
2Cases cited9 opinions
- Weightman v. HatchIllinois Supreme Court · 1855
- Wadsworth v. SchisselbauerSupreme Court of Minnesota · 1884
- Baldwin v. RogersSupreme Court of Minnesota · 1881
- Botsford v. BeersSupreme Court of Connecticut · 1836
- Horton v. KellySupreme Court of Minnesota · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Williams v. KemperSupreme Court of Minnesota · 1906
- Ashbaugh v. SauerMichigan Supreme Court · 1934
- Fryberger v. BervenSupreme Court of Minnesota · 1903
- Eppich v. BlanchardSupreme Court of Colorado · 1914
5 more not listed; retrieve them via the Exa API.