Legal Opinion

Russell v. Merchants' Bank of Lake City

Supreme Court of Minnesota

Decided October 29, 1891PublishedCited by 5 opinions

Appeal by defendants Benjamin H. Billings and Willis G. Baker, impleaded with the above-named bank and a large number of other defendants, from an order of the district court for Hennepin county, Pond, J., presiding, granting an injunction in an action to foreclose the mortgage considered in the opinion.

1Opinion of the CourtYanderburgh, J.

Plaintiff holds a mortgage upon an undivided half of the land described in the complaint, executed by Willis Baker, August 15, 1884. The land referred to then contained large *287deposits of clay, suitable for making brick, and the mortgagor and one Wright, who were rightfully in possession of the premises, were, in 1883, engaged in the manufacture of brick from the clay thereon, and so continued to do until long after the execution of the mortgage referred to. In the spring of 1884, and several months prior to the date of mortgage, they built and constructed buildings and erected machinery upon…

2Cases cited3 opinions

  1. McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
  2. Kean v. ConnellySupreme Court of Minnesota · 1878
  3. Atkinson v. HewittWisconsin Supreme Court · 1881

3Cited by5 opinions

  1. Petraborg v. ZontelliSupreme Court of Minnesota · 1944
  2. State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
  3. Waldorf v. Elkhart & Western RailroadIndiana Court of Appeals · 1895
  4. Susquehanna Transmission Co. v. St. ClairCourt of Appeals of Maryland · 1910
  5. Hodges v. Town of Bluff CityCourt of Appeals for the Sixth Circuit · 1929

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