Schoch v. Birdsall
Supreme Court of Minnesota
Appeal by defendant, Anne Birdsall, from an order of the district court of Wright county, Pond, J., made September 5, 1891, refusing a new trial. Both mortgages were given for purchase money, and are on an equal footing. Defendant’s mortgage, being prior in date and in record, is superior in equity. Jacoby v. Crowe, 36 Minn. 93. The description of the mortgaged premises in the notice of sale omitted the exception of the west 25 feet.
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Appeal by defendant, Anne Birdsall, from an order of the district court of Wright county, Pond, J., made September 5, 1891, refusing a new trial. Both mortgages were given for purchase money, and are on an equal footing. Defendant’s mortgage, being prior in date and in record, is superior in equity. Jacoby v. Crowe, 36 Minn. 93. The description of the mortgaged premises in the notice of sale omitted the exception of the west 25 feet. The same omission occurs in the sheriff’s certificate of sale. The description in the notice does not conform substantially to that contained in the mortgage.…
1Opinion of the CourtVanderburgh, J.
The action is brought by plaintiff, alleging possession, to determine defendant’s adverse claim to the premises in question. By the pleadings it appears that each party claims under a mortgage executed by the same party as owner. The plaintiff’s mortgage having been foreclosed, and the time of redemption having expired, he claims to have acquired a clear title in fee. Bach is claimed to have been given for the purchase money, and each party insists upon a priority over the other.
*443The facts, as found, are as follows: On May 26, 1887, plaintiff was the owner in fee of the village lot in…
2Cases cited5 opinions
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
- Turk v. FunkSupreme Court of Missouri · 1878
- Lowry v. TillenySupreme Court of Minnesota · 1884
- Stephenson v. JanuarySupreme Court of Missouri · 1872
- Oliver v. DavySupreme Court of Minnesota · 1885
3Cited by13 opinions
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- Board of Education v. HughesSupreme Court of Minnesota · 1912
- Baca v. ChavezNew Mexico Supreme Court · 1927
- Hogan v. Hester Investment Co.Michigan Supreme Court · 1932
- Crist v. House & Osmonson, Inc.California Supreme Court · 1936
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