Legal Opinion

McMahan v. Lundin

Supreme Court of Minnesota

Decided April 20, 1894No. 8630PublishedCited by 8 opinions

Appeal by defendant, John P. Landin, from a judgment of the District Court of Marshall County, Frank Ives, J., entered August 24, 1893, against him for $198.43. On January 16, 1892, Engebregt N. Egeland was indebted to defendant in the sum of $208.70. To' secure its payment he on that day gave defendant a mortgage upon sixty-five acres of spring wheat which he intended to sow on his farm the next spring. This mortgage was filed February 4, 1892, in the town clerk’s office.

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Appeal by defendant, John P. Landin, from a judgment of the District Court of Marshall County, Frank Ives, J., entered August 24, 1893, against him for $198.43. On January 16, 1892, Engebregt N. Egeland was indebted to defendant in the sum of $208.70. To' secure its payment he on that day gave defendant a mortgage upon sixty-five acres of spring wheat which he intended to sow on his farm the next spring. This mortgage was filed February 4, 1892, in the town clerk’s office. On March 22, 1892, Charles Johnson sold and delivered to Egeland one hundred and forty five bushels of spring wheat, at…

1Opinion of the CourtCollins, J.

By 1878 G. S. ch. 39, § 22, it is enacted that from the time of filing in the proper office of a seed grain note, executed in accordance with section 21 of the same chapter, the party furnishing the seed grain for which the note is given, or his assigns, shall have a valid first lien or claim upon the crop grown from such seed. The statute is clear and plain, and its policy is wise and just. It must be construed exactly as it reads. He who in good faith sells and furnishes seed from which a crop may be raised, and properly files a note taken for the same, should be and is entitled to priority…

2Cases cited2 opinions

  1. Simmons v. AndersonSupreme Court of Minnesota · 1890
  2. Douglas v. LeightonSupreme Court of Minnesota · 1894

3Cited by8 opinions

  1. Sitton v. DuboisWashington Supreme Court · 1896
  2. Endreson v. LarsonSupreme Court of Minnesota · 1907
  3. Monthly Instalment Loan Co. v. Skellet Co.Supreme Court of Minnesota · 1913
  4. Massey-Harris Harvester Co. v. Moorhead Farmers Elevator Co.Supreme Court of Minnesota · 1928
  5. State Bank of Stephen v. Farmers Grain Co.Supreme Court of Minnesota · 1928

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