Tolbert v. Horton
Supreme Court of Minnesota
One Peter M. Tolbert, of the city of Rochester, in Olmsted county, mortgaged to the plaintiff a large amount of personal property, consisting of horses, cattle, farm implements, etc., and including that described in the mortgage as “three four-year old horses,” all the mortgaged property being described as “being now in the possession of said party of the first part” (the mortgagor) “in the city of Rochester, and town of Rochester, county of Olmsted.”
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One Peter M. Tolbert, of the city of Rochester, in Olmsted county, mortgaged to the plaintiff a large amount of personal property, consisting of horses, cattle, farm implements, etc., and including that described in the mortgage as “three four-year old horses,” all the mortgaged property being described as “being now in the possession of said party of the first part” (the mortgagor) “in the city of Rochester, and town of Rochester, county of Olmsted.” The mortgage was duly filed September 13, 1880. In January, 1881, Peter M. Tolbert mortgaged to the defendant Horton a number of horses, and…
1Opinion of the CourtBerry, J.
The mortgage executed by P. M. Tolbert to defendant *106contained these words, following a description of the mortgaged property, viz.: “All the said property being * * * free from all incumbrances except a mortgage heretofore given on a part of said property to one James Tolbert,” (the plaintiff.) Upon the former appeal in this action, (31 Minn. 518,) we held that, from this recital, the defendant is conclusively presumed to have had express notice of the former mortgage to plaintiff, and that, as to defendant, it was valid, and defendant’s mortgage subject to it, irrespective of filing.
1. This…
2Cases cited4 opinions
- Tolbert v. HortonSupreme Court of Minnesota · 1884
- Harris v. KennedyWisconsin Supreme Court · 1880
- King v. C. Aultman & Co.Supreme Court of Kansas · 1880
- Bennett v. SchusterSupreme Court of Minnesota · 1878
3Cited by20 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Barrett v. MagnerSupreme Court of Minnesota · 1908
- Kenneally v. Standard Electronics Corp.Court of Appeals for the Eighth Circuit · 1966
- Hollenbeck v. LoudenSouth Dakota Supreme Court · 1915
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