Hall v. McCormick
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Fillmore ■county to foreclose a mortgage securing several notes given for a part ■of the purchase-money of land formerly owned by plaintiff. The defendants C. H. and L. J. McCormick, the owners and holders of the note first maturing under the mortgage, answered and asked to have their note first paid out of the proceeds of the foreclosure sale.
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The plaintiff brought this action in the district court for Fillmore ■county to foreclose a mortgage securing several notes given for a part ■of the purchase-money of land formerly owned by plaintiff. The defendants C. H. and L. J. McCormick, the owners and holders of the note first maturing under the mortgage, answered and asked to have their note first paid out of the proceeds of the foreclosure sale. After a trial before Farmer, J., judgment was ordered and entered, as stated in the opinion, directing a sale of the mortgaged property, and the application of the proceeds, first, to the…
1Opinion of the CourtVanderburgh, J.
The defendants McCormick move to dismiss the apjieal in this case substantially on two grounds: First, that the plaintiff consented to the judgment as rendered; and, second, that the appeal is taken from a part of the judgment which is connected with and dependent upon another portion thereof, the benefit of which plaintiff accepts. As to the first proposition, the court found, as a •conclusion of law, that the note transferred to and held by the defendants McCormick, upon which judgment had been recovered by 'them against the maker, and which matured prior to the notes held '■by the…
2Cases cited2 opinions
- Wilson v. EigenbrodtSupreme Court of Minnesota · 1882
- Everett v. BoyingtonSupreme Court of Minnesota · 1882
3Cited by12 opinions
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Kremer v. KremerSupreme Court of Kansas · 1907
- St. Paul Trust Co. v. KittsonSupreme Court of Minnesota · 1901
- Solberg v. WrightSupreme Court of Minnesota · 1885
- Buchler v. BuchlerWyoming Supreme Court · 1949
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