Moffett v. Parker
Supreme Court of Minnesota
Appeal by plaintiffs, as executors of the estate of James B. Moffett, deceased, from a judgment entered in the district court for Hennepin county pursuant to the findings and order of Smith, J. A mortgage is a chose in action and an assignee takes it subject to all defenses that exist between the original parties. Johnson v. Carpenter, 7 Minn. 120 (176); Redin y. Branham, 43 Minn. 283; Oster y.
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Appeal by plaintiffs, as executors of the estate of James B. Moffett, deceased, from a judgment entered in the district court for Hennepin county pursuant to the findings and order of Smith, J. A mortgage is a chose in action and an assignee takes it subject to all defenses that exist between the original parties. Johnson v. Carpenter, 7 Minn. 120 (176); Redin y. Branham, 43 Minn. 283; Oster y. Mickley, 35 Minn. 245. As against a bona fide assignee the mortgagor may show that the mortgage was executed without consideration, and may enjoin its foreclosure or defend an action to foreclose,…
1Opinion of the Court
START, O. J.
Action by plaintiffs, as judgment creditors of the defendants Samson and Hannah R. Parker, to have canceled the mortgages hereinafter referred to, with the records thereof, given by them upon the premises described in the complaint. Judgment (from which the plaintiffs appealed) was rendered in their favor, for the relief prayed, upon condition that they first pay to the defendant Broker, as trustee of the Merchants’ National Bank of Wadena, $3,500 and interest.
The facts as found by the trial court are: On July 8, 1896, the plaintiffs, upon an indebtedness which accrued December…
2Cases cited8 opinions
- Bloomer v. HendersonMichigan Supreme Court · 1860
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Stevens v. McMillinSupreme Court of Minnesota · 1887
- Plymouth Cordage Co. v. SeymourSupreme Court of Minnesota · 1897
- Sleeper v. ChapmanMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wantulok v. WantulokWyoming Supreme Court · 1950
- Kath v. KathSupreme Court of Minnesota · 1952
- Italian-American Bank v. LeporeSupreme Court of Colorado · 1926
- American National General Insurance Co. v. SolumSupreme Court of Minnesota · 2002
- Johnson v. HoweSupreme Court of Minnesota · 1929
13 more not listed; retrieve them via the Exa API.