Moriarty v. Ashworth
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Stearns county, where the action was tried by Baxter,,J.
1Opinion of the CourtDickinson, J.
This is an action to restrain the defendant from quarrying and disposing of granite rock from land mortgaged by the defendant to the plaintiff, in April, 1887, to secure a debt of $1,000, to become due two years after that time. The land is of the area of four acres. Its principal value is in the granite quarry thereon. The removal of this material depreciates the value of the land to the extent of such removal; but the quarrying by the defendant has not been carried on to such an extent as to so far impair the value of the land as to render it insufficient security for the plaintiff’s debt,…
2Cases cited9 opinions
- Buckout v. SwiftCalifornia Supreme Court · 1865
- Cooper v. DavisSupreme Court of Connecticut · 1843
- Fairbank v. CudworthWisconsin Supreme Court · 1873
- Hastings v. PerrySupreme Court of Vermont · 1848
- Van Wyck v. AlligerNew York Supreme Court · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Anderson v. EnglehartWyoming Supreme Court · 1910
- Gardner v. W. M. Prindle & Co.Supreme Court of Minnesota · 1932
- Stewart v. Munger & Bennett, Inc.Supreme Court of North Carolina · 1917
- Beaver Lumber Co. v. EcclesOregon Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.