Legal Opinion

Woolson v. Kelley

Supreme Court of Minnesota

Decided August 9, 1898No. Nos. 11,025-(206)PublishedCited by 4 opinions

Action in the district court for Waseca county by the executors of the will of Amasa Woolson, deceased, against Austin F. Kelley and his wife and others to cancel a satisfaction of mortgage and to foreclose the mortgage. By agreement the venue was changed to Hennepin county, and the cause was submitted to McGee, J., on an agreed statement of facts, who ordered judgment in favor of plaintiffs.

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Action in the district court for Waseca county by the executors of the will of Amasa Woolson, deceased, against Austin F. Kelley and his wife and others to cancel a satisfaction of mortgage and to foreclose the mortgage. By agreement the venue was changed to Hennepin county, and the cause was submitted to McGee, J., on an agreed statement of facts, who ordered judgment in favor of plaintiffs. From the judgment entered in pursuance of this order, the defendants Hanson and Cobb, as assignees of A. F. & L. E. Kelley, appealed. The question is, can the mortgage be reinstated against Kelley’s…

1Opinion of the Court

PEE OTTEIAM.

The only material facts in this case are the following: In March, 1887, Amasa Woolson, through the agency of A. F. & L. E. Kelley, loaned $5,000 to one Hausler, to secure the payment of which the latter executed a mortgage upon a tract of land of which he was at the time the owner of record. The mortgage was duly recorded.' Subsequent to the execution and record of the mortgage, Hausler conveyed the land to A. F. Kelley, one of the firm of A. F. & L. E. Kelley. This deed was placed on record. Subsequently, and in January, 1895, William D. Woolson, one of the executors of the…

2Cases cited3 opinions

  1. Perkins v. HansonSupreme Court of Minnesota · 1898
  2. Kellogg v. KelleySupreme Court of Minnesota · 1897
  3. Robertson v. RentzSupreme Court of Minnesota · 1898

3Cited by4 opinions

  1. Strehlow v. FeeNorth Dakota Supreme Court · 1917
  2. Proulx v. Hirsch Bros. Inc.Supreme Court of Minnesota · 1968
  3. May v. AckermanSupreme Court of Minnesota · 1951
  4. American Residential Mortgage, LP v. Thayer (In Re Thayer)United States Bankruptcy Court, D. Minnesota · 2007

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