Legal Opinion

Webber v. Hausler

Supreme Court of Minnesota

Decided June 19, 1899No. Nos. 11,567—(166)PublishedCited by 2 opinions

Action in the district court for Hennepin county by plaintiff as executrix of the will of Richard A. Webber, deceased, against John Gf. Hausler, Charles M. Hanson and Albert C. Cobb, as assignees of A. F. & L. E. Kelley, insolvents, and others to have a mortgage declared a first lien and to be subrogated to the lien of a prior mortgage.

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Action in the district court for Hennepin county by plaintiff as executrix of the will of Richard A. Webber, deceased, against John Gf. Hausler, Charles M. Hanson and Albert C. Cobb, as assignees of A. F. & L. E. Kelley, insolvents, and others to have a mortgage declared a first lien and to be subrogated to the lien of a prior mortgage. The case was tried before Johnson, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendant assignee appealed. On the facts found Webber became subrogated to the rights of Cutting as against defendants. In legal…

1Opinion of the CourtMitchell, J.

The short facts are that in January, 1893, plaintiff’s testate, Richard A. Webber, who resided in Vermont, sent to the firm of A. F. & L. E. Kelley, in Minneapolis, $1,000, with instructions to invest the same for him in a first mortgage on real estate in Minnesota. At this time A. F. Kelley was the owner of a tract of land, subject to a mortgage for $1,000 to one Cutting, which was of record and would mature in March, and which Kelley had assumed and agreed to pay when he purchased the land. As an investment'for Webber’s money, A. F. Kelley, in March, 1893, caused the defendant Hammond,…

2Cases cited2 opinions

  1. Perkins v. HansonSupreme Court of Minnesota · 1898
  2. Robertson v. RentzSupreme Court of Minnesota · 1898

3Cited by2 opinions

  1. Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
  2. Midland Savings & Loan Co. v. SuttonSupreme Court of Oklahoma · 1916

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