Ross v. Worthington
Supreme Court of Minnesota
On tbe third day of December, 1857, one F. W: H. Pogers and one Edward Worthington, being the owners of certain real estates in Winona county, executed a mortgage upon the same to the defendant, to secure among other demands, the payment of a promissory note of said Pogers and Edward Worthington, to said defendant, dated May 6, 1857, also a promissory note, executed by said Pogers and Edward Worthington, to one Amos Worthington, and endorsed by defendant, dated Nov. 12,…
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On tbe third day of December, 1857, one F. W: H. Pogers and one Edward Worthington, being the owners of certain real estates in Winona county, executed a mortgage upon the same to the defendant, to secure among other demands, the payment of a promissory note of said Pogers and Edward Worthington, to said defendant, dated May 6, 1857, also a promissory note, executed by said Pogers and Edward Worthington, to one Amos Worthington, and endorsed by defendant, dated Nov. 12, 1857. This mortgage was in usual form, and in all respects legal and valid, except that it was attested by only one…
1Opinion of the Court
By the Cowrt
Berry, J.
Assuming in accordance with the decisions in Parrott v. Shaubhut, 5 Minn. 323, and Thompson v. Morgan, 6 Ib. 292, that the instrument on trial in this action, was, at law, invalid as a mortgage at the time of its execution, because attested by one witness only, (without now following those cases further,) it would unquestionably be in the power of a court of equity, in a proper case, to remedy a defect of that character, not only as against the maker of the instrument, but also against any person who acquired title from the maker with notice. 1 Lea. Cas. Eq. 192-3, 195,…
2Cases cited7 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Burr v. . BeersNew York Court of Appeals · 1861
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Parret v. ShaubhutSupreme Court of Minnesota · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Backus v. BurkeSupreme Court of Minnesota · 1892
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Thorp v. MerrillSupreme Court of Minnesota · 1875
- Scofield v. QuinnSupreme Court of Minnesota · 1893
- Coryell v. HolmesTexas Commission of Appeals · 1879
1 more not listed; retrieve them via the Exa API.