Nicolay v. Mallery
Supreme Court of Minnesota
Appeal by defendants from a judgment of tbe district court for Le Sueur county, in favor of plaintiff, entered in pursuance of findings and order by Cadwell, J.
1Opinion of the CourtCanty, J.
This is an action of ejectment brought to recover possession of the real estate described in the pleadings. Both parties claim title through one Simmer, who for many years prior to June 2, 1890, owned and occupied the property and the flour mill thereon. Simmer made a mortgage to plaintiff dated February 3, 1890, recorded April 2, 1890, mortgaging the property to plaintiff to secure the payment to plaintiff of the sum of $4,500. Thereafter, on June 2, 1890, Simmer, being insolvent, made an assignment *120for the benefit of his creditors, under the insolvency law of 1881, to one Ackerman.…
2Cases cited5 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Branch v. FaustIndiana Supreme Court · 1888
- Card v. StateIndiana Supreme Court · 1886
- Allen v. FortierSupreme Court of Minnesota · 1887
- W. W. Kimball Co. v. CoonSupreme Court of Minnesota · 1890
3Cited by10 opinions
- State v. SweeneySupreme Court of Minnesota · 1930
- Zuber v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1956
- Volusia County Bank v. BigelowSupreme Court of Florida · 1903
- Nathan v. St. Paul Mutual InsuranceSupreme Court of Minnesota · 1957
- State v. MoellerNorth Dakota Supreme Court · 1910
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