Brown v. Stillman
Supreme Court of Minnesota
Plaintiff having paid the amount of the interest coupon note due March 1, 3888, and secured by mortgage made by plaintiff March 1, 1887, being the first of the mortgages mentioned in the opinion, brought this action in the district court for Hennepin county, to recover from defendant the amount so paid with interest. The action was tried by Rea, J., who ordered judgment for plaintiff. The defendant appeals from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
The plaintiff, on the 1st day of March, 1887, owned the certain town lot described in the complaint, and on that day executed a mortgage thereon to secure a certain negotiable note, with interest. A few days later the plaintiff sold and conveyed the mortgaged premises by warranty deed to one Darrow, subject to the mortgage, and thereafter, in May, 1887, Darrow conveyed the same premises by warranty deed to a corporation known as the “ Barber Supply & Exchange Company,” also subject to the mortgage; and, lastly, on the 3d day of September, the Barber Supply & Exchange Company sold and conveyed…
2Cases cited3 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- King v. WhitelyNew York Court of Chancery · 1843
- Follansbee v. JohnsonSupreme Court of Minnesota · 1881
3Cited by24 opinions
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Blessing v. T. Shriver and Co.New Jersey Superior Court Appellate Division · 1967
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Pelser v. GingoldSupreme Court of Minnesota · 1943
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