Kuby v. Ryder
Supreme Court of Minnesota
Application by Albert C. Kuby to the district court for Ramsey county to register title to certain land. The facts are stated in the opinion. Defendants Ryder and Emil C. Kuby answered separately.
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Application by Albert C. Kuby to the district court for Ramsey county to register title to certain land. The facts are stated in the opinion. Defendants Ryder and Emil C. Kuby answered separately. The application was heard before Orr, J., who found that the premises were in the possession of Chester E. Smith, but whether the possession was under mortgage of defendant S. N. Ryder or under tax certificates, was not adjudged or determined; that the premises were subject to the lien of the mortgage held by defendant Ryder and to the lien of certain local assessinent certificates held by defendant…
1Opinion of the CourtBunn, J.
Defendant Emil M. Kuby in 1891 owned the land in question. On July 1, 1891, he executed a mortgage thereon to Winnie L. Taylor to secure a note for $4,000, due in three years. This mortgage was assigned to defendant Ryder July 10, 1891., July 14, 1892, Emil M. Kuby conveyed an undivided half of the land to Albert O. Kuby, the applicant, and on May 5, 1893, conveyed to applicant the other undivided half. The debt has never been paid, and no interest has been paid since 1895. Smith & Taylor, real estate agents, made this loan for Ryder, and were his agents in St. Paul. They paid the taxes on…
2Cases cited3 opinions
- Travers v. DorrSupreme Court of Minnesota · 1895
- Allison v. ArmstrongSupreme Court of Minnesota · 1881
- Owsley v. JohnsonSupreme Court of Minnesota · 1905
3Cited by5 opinions
- Peters v. City of DuluthSupreme Court of Minnesota · 1912
- Jefferson County Bank v. EricksonSupreme Court of Minnesota · 1933
- Citizens State Bank of Herscher v. PetersSupreme Court of Minnesota · 1930
- McDaniel v. FingerhutSupreme Court of Minnesota · 1959
- In Re Application of McDaniel to Register TitleSupreme Court of Minnesota · 1959