Piper v. Sawyer
Supreme Court of Minnesota
Action in the district court for Steele county to foreclose a certain contract relating to real-estate mortgages and also to foreclose the mortgages. The cause was tried before Buckham, J., who found for plaintiff. From the judgment entered on the findings defendants Joseph A. Sawyer and Nellie A. Sawyer appealed.
1Opinion of the CourtCollins, J.
February 19,1895, defendants, husband and wife, were the owners in fee of a farm embracing 790 acres. Plaintiff held a matured mortgage upon all of this land, except 10 acres, on which there was no incumbrance. There were three prior mortgages on parts of this farm, and two of these, both past due, had been assigned to plaintiff by the mortgagees. The third, known as the “Willis Mortgage,” would not mature until July, 1895. On the day first mentioned plaintiff, of the first part, and defendants, of the second part, and one Woodman, of the third part, entered into a tripartite agreement, in…
2Cited by2 opinions
- Piper v. SawyerSupreme Court of Minnesota · 1899
- Savings Bank v. MundtSouth Dakota Supreme Court · 1924