Davis v. Pierce
Supreme Court of Minnesota
This action was commenced in the Ramsey County District Court. At the trial a jury was waived and the cause tried before the Court.
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This action was commenced in the Ramsey County District Court. At the trial a jury was waived and the cause tried before the Court. The facts as found by the Court are substantially as follows: The defendant, Allen Pierce, sold a large amount of real estate in Ramsey County to the plaintiff, and conveyed the same by two separate deeds, one dated May 22, 1855, and one April 80, 1856. A portion of the lands so sold $nd conveyed was subject to two mortgages, prior both by date and record to either of said deeds; the first mortgage executed to one Asa Marsh, dated and recorded September 16, 1854;…
1Opinion of the Court
*378By the Court —
Wilson, C. J.
— The only question in this case is whether in the purchase of the Marsh mortgage by the plaintiff, the estate or interest thus acquired merged in the legal estate.
In equity where the legal and equitable estates become united in the same person the equitable is merged in the legal, unless the party in whom they meet intends to keep them separate, (which intention must be just and injurious to no one,) and where no such intention is expressed it will be jiresumed if it is for the interest of the party in whom the estates meet. Wilcox & Barber vs. Davis, 4 Minn., 197;…
2Cases cited1 opinion
- Wilcox v. DavisSupreme Court of Minnesota · 1860
3Cited by5 opinions
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