Diamond v. Dennison
Supreme Court of Minnesota
Action in the district court for Hennepin county to have the assignment of a certain mortgage cancelled and set aside, and to set aside foreclosure proceedings based thereon. The case was tried before Holt, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to the relief prayed- for. From an order denying his motion for a new trial, Edward J. Dennison appealed.
1Opinion of the CourtBrown, J.
The facts in this case are substantially as follows: On December 23, 1899, plaintiff was the owner of the real property involved in this action, and on that day mortgaged the same to one Casper Ernst to secure the payment of a promissory note for the sum of $1,600, due on December 23, 1902. The mortgage was duly recorded on January 18, 1900. On January 19, 1900, the mortgage, together with the promissory note, was duly sold, assigned, and transferred to defendant Baart; the assignment thereof being in the usual form and recorded on February 24, 1900. Soon after the debt became due some…
2Cases cited9 opinions
- Edwards v. . NoyesNew York Court of Appeals · 1875
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Palmer v. BatesSupreme Court of Minnesota · 1876
- Towle v. ShererSupreme Court of Minnesota · 1897
- Bowen v. ThwingSupreme Court of Minnesota · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Canty v. BockenstedtSupreme Court of Minnesota · 1927
- Stone v. Stone Ex Rel. StoneNorth Dakota Supreme Court · 1931