Herber v. Christopherson
Supreme Court of Minnesota
Appeal by defendant Christopherson 'from a judgment of the district court for Scott county, Macdonald, J., presiding, in an action brought against appellant and one William Cressey and his wife. The ease is .stated in the opinion.
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Appeal by defendant Christopherson 'from a judgment of the district court for Scott county, Macdonald, J., presiding, in an action brought against appellant and one William Cressey and his wife. The ease is .stated in the opinion. The foreclosure for the first instalment exhausted the lien of the mortgage, and the sale was not annulled and the lien restored by Cressey’s redemption, for he, being a mere equitable mortgagee, (Hill v. Edwards, 11 Minn. 5, (22;) Holton v. Meighen, 15 Minn. 50 (69;) IVeide v. Gehl, 21 Minn. 449; Archambau v. Green, Id. 520; Benton v. Nicoll, 24 Minn. 221,) was not…
1Opinion of the CourtDickinson, J.
The defendant Christopherson, being the owner of certain lands, mortgaged the same to plaintiff, to secure the payment of a debt of $1,500, payable in 10 annual instalments. The first instalment becoming due, the plaintiff foreclosed the mortgage by advertisement, and, at the foreclosure sale, on the 21st day of February, 1879, he purchased the mortgaged premises for the sum of $321.64. On February 20, 1880, Christopherson executed to defendant Cressey a deed of conveyance of the land, absolute in form, but for the purpose of securing the payment of. money then borrowed from Cressey. At the…
2Cases cited4 opinions
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Standish v. VosbergSupreme Court of Minnesota · 1880
- Campbell v. Erie Railway Co.New York Supreme Court · 1866
- Flint v. CraigNew York Supreme Court · 1871
3Cited by6 opinions
- Kevin Murphy v. Aurora Loan ServicesCourt of Appeals for the Eighth Circuit · 2012
- Doescher v. SprattSupreme Court of Minnesota · 1895
- Kopp v. TheleSupreme Court of Minnesota · 1908
- Schultz v. KroschSupreme Court of Minnesota · 1939
- State v. Equitable Surety Co.Supreme Court of Minnesota · 1918
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