Legal Opinion

Abbott v. Peck

Supreme Court of Minnesota

Decided September 7, 1886PublishedCited by 6 opinions

On August 1, 1883, Seth Abbott, the plaintiff, being the owner thereof, duly mortgaged to the defendant Dennis L. Peek a certain tract of land, to secure the payment of $36,000. Afterwards Abbott and Peck caused the land to be surveyed and platted into 8 blocks,which were divided into lots. All the blocks, except block 1, were divided into two parts by alleys. Peek joined in the dedication on the plat, and released the lien of his mortgage from the streets and alleys.

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On August 1, 1883, Seth Abbott, the plaintiff, being the owner thereof, duly mortgaged to the defendant Dennis L. Peek a certain tract of land, to secure the payment of $36,000. Afterwards Abbott and Peck caused the land to be surveyed and platted into 8 blocks,which were divided into lots. All the blocks, except block 1, were divided into two parts by alleys. Peek joined in the dedication on the plat, and released the lien of his mortgage from the streets and alleys. Default having been made in the terms of the mortgage, it was foreclosed by advertisement, the sale being made on November…

1Opinion of the Court

Vanderbüegh, J.

The mortgage described in the complaint embraced a certain tract of land, described by government subdivision, and was executed by Seth Abbott to Dennis L. Peck, August 1,1883. Within a short time thereafter the mortgaged premises were surveyed and platted into blocks, eight in number, which were numbered and subdivided into lots, also numbered. Each block, except block 1, was platted with an alley 14 feet in width running through it. The *501premises were so subdivided with the approval of the mortgagee, and the streets and alleys laid out and designated on the plat were duly…

2Cases cited6 opinions

  1. Lamerson v. MarvinNew York Supreme Court · 1850
  2. Cunningham v. . CassidyNew York Court of Appeals · 1858
  3. Howard Insurance Co. v. . HalseyNew York Court of Appeals · 1853
  4. Daniels v. SmithSupreme Court of Minnesota · 1860
  5. Griswold v. FowlerNew York Supreme Court · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Power v. LarabeeNorth Dakota Supreme Court · 1894
  2. Hull v. KingSupreme Court of Minnesota · 1888
  3. Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
  4. Willard v. FinneganSupreme Court of Minnesota · 1890
  5. Clark v. KrakerSupreme Court of Minnesota · 1892

1 more not listed; retrieve them via the Exa API.

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