Allison v. Armstrong
Supreme Court of Minnesota
Action commenced in the district court for Mower county to foreclose a mortgage made by defendant Armstrong. Defendant Eva E. Marston pleaded title in herself under a conveyance from Armstrong, made under a tax title acquired by him subsequent to the malting of the mortgage, and subsequent to a sale of the mortgaged premises by Armstrong to third parties.
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Action commenced in the district court for Mower county to foreclose a mortgage made by defendant Armstrong. Defendant Eva E. Marston pleaded title in herself under a conveyance from Armstrong, made under a tax title acquired by him subsequent to the malting of the mortgage, and subsequent to a sale of the mortgaged premises by Armstrong to third parties. The case was tried by Page, J., without a jury, and plaintiff appeals from a judgment, adjudging the mortgage to be no lien, and that the title to the property is in defendant Marston.
1Opinion of the CourtMitchell, J.
The facts of this case, so far as here material, are as follows: On the 30th of September, 1867, defendant Armstrong, being indebted to the plaintiff’s testator in the sum of $500, executed to him a mortgage, to secure payment thereof, upon the premises described in the complaint, conditioned “that if the said Thomas H. *277Armstrong, his heirs, executors or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors or assigns, the sum of $500, with interest, * * * and also pay all taxes which may be hereafter assessed on said…
2Cases cited1 opinion
- Blackwood v. Van VleitMichigan Supreme Court · 1874
3Cited by16 opinions
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Core v. SmithSupreme Court of Oklahoma · 1909
- Conner v. HoweSupreme Court of Minnesota · 1886
- Wilson v. JamisonSupreme Court of Minnesota · 1886
- McKinnon v. BradleyOregon Supreme Court · 1945
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