Tolbert v. Horton
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Olmsted county, where the action was tried by Start, J., a jury being, waived.
1Opinion of the CourtDickinson, J.
P. M. Tolbert, the owner of certain personal property, including that in controversy, mortgaged it to this plaintiff, with the purpose of defrauding his creditors. The mortgage was duly-filed. The property remaining in the possession of the mortgagor, he executed a second mortgage upon the property in dispute, with other property, to defendant Horton, in good faith, to secure the payment to Horton of a previously existing indebtedness of the mortgagor to him. It is found by the court, upon a stipulation of the parties asto the fact, that when Horton took his mortgage he had actual knowledge…
2Cases cited9 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Gregory v. ThomasNew York Supreme Court · 1838
- Grimstone v. CarterNew York Court of Chancery · 1831
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- White v. FosterMassachusetts Supreme Judicial Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
- King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
- Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
- Ludlum v. RothschildSupreme Court of Minnesota · 1889
- Tolbert v. HortonSupreme Court of Minnesota · 1885
23 more not listed; retrieve them via the Exa API.