Dick v. Moon
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Winona county, where the action was tried before Mitchell, J. The case is stated in the opinion. argued that under Gen. St. c. 81, § 3, the mortgage made by Moon was to be regarded as a separate mortgage for each instalment.
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Appeal by plaintiff from a judgment of the district court for Winona county, where the action was tried before Mitchell, J. The case is stated in the opinion. argued that under Gen. St. c. 81, § 3, the mortgage made by Moon was to be regarded as a separate mortgage for each instalment. That two of the .four notes secured by it having been paid by the sale under plaintiff’s mortgage to Tourtelotte, the plaintiff, immediately on such sale, became in law the owner of these two notes, and in equity entitled to the mortgage securing them; and therefore, at the time of the subsequent foreclosure,…
1Opinion of the Court
Gileillán, C. J.
The facts, so far as necessary to the ■decision of the case, are: On August 19, 1873, Moon executed to plaintiff four promissory notes, for $200 each, falling due at different dates, the last on March 1, 1878, and, to secure them, executed a mortgage upon real estate consisting of one tract, which authorized the mortgagee, in case of default inpayment of any of the sums secured, to declare the whole due, and contained the usual power of sale in case of default. •On March 12, 1874, plaintiff sold and transferred the notes and mortgage to Tourtelotte, and, to secure the two…
2Cases cited1 opinion
- Watkins v. HackettSupreme Court of Minnesota · 1873
3Cited by5 opinions
- Union National Bank v. RichMichigan Supreme Court · 1895
- Loomis v. ClambeySupreme Court of Minnesota · 1897
- Hanson v. DuntonSupreme Court of Minnesota · 1886
- Koppang v. SteenersonSupreme Court of Minnesota · 1907
- Mutual Trust Life Insurance v. Ecklund Building Co.Supreme Court of Minnesota · 1930