Lash v. Hardick
U.S. Circuit Court for the District of Minnesota
On June 6th, 1870, the sheriff of Dakota county, Minnesota, under a power of sale in a mortgage executed by William S. Hardick and Anna J. Hardick, his wife, sold the property in controversy — the west half of the southeast quarter of section thirty (30), township one hundred and fifteen (115), range nineteen (19) — eighty acres of land — and delivered a certificate qf sale to the purchaser, Palona Atherton, which was duly recorded June 14th.
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On June 6th, 1870, the sheriff of Dakota county, Minnesota, under a power of sale in a mortgage executed by William S. Hardick and Anna J. Hardick, his wife, sold the property in controversy — the west half of the southeast quarter of section thirty (30), township one hundred and fifteen (115), range nineteen (19) — eighty acres of land — and delivered a certificate qf sale to the purchaser, Palona Atherton, which was duly recorded June 14th. On June 2d, 1871, Hardick and wife, being anxious to redeem from the sale, applied to the defendant, Orlando B. Turrell, the agent of Lash, the…
1Opinion of the Court
NELSON, District Judge.
It would seem, from the above facts, that the bank has sustained its defence to the bill of complaint, unless there was sufficient notice to put it upon inquiry which would have furnished information respecting the true condition of the property. The registry law is intended to give information to persons, dealing with real estate relating to transfers and incumbrances, and for their protection from secret conveyances. Patterson v. De La Ronde, 8 Wall. [75 U. S.] 300. The record did not show title out of Turrell when the judgment was docketed, and the bank can rely upon…
2Cases cited14 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Cook v. . TravisNew York Court of Appeals · 1859
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
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