MacEwen v. Beard
Supreme Court of Minnesota
Appeal by plaintiff, John S. MacEwen, from a judgment of the Disbrict Court of Hennepin County, Robert D. Russell, J., entered January 31,1894, foreclosing a mortgage held by the Security Bank, one of the defendants.
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Appeal by plaintiff, John S. MacEwen, from a judgment of the Disbrict Court of Hennepin County, Robert D. Russell, J., entered January 31,1894, foreclosing a mortgage held by the Security Bank, one of the defendants. On September 13, 1884, defendant Henry B. Beard and wife mortgaged to Louis F. Menage one hundred and seven lots in the Second Subdivision of Remington Park in Minneapolis, to secure the payment of $82,000. Each lot was charged with $300 and on payment of that sum and interest thereon the grantee of any one of the lots was entitled to its discharge. Menage on the same day sold…
1Opinion of the CourtGileillan, C. J.
This is an action to cancel a mortgage on real estate, executed in 1884 by the defendant Beard to the defendant Menage, and by him assigned' to the defendant the Security Bank. The mortgage contained a covenant on the part of the mortgagor to pay all taxes that might be imposed on the real estate. After the execution of the mortgage, Beard and wife, in 1885, conveyed the real estate to plaintiff.
The ground on which plaintiff claims to have the mortgage canceled is that it was satisfied, either by direct payment or by acceptance in payment of certain notes; and in reply to the answer of the…
2Cases cited1 opinion
- Allison v. ArmstrongSupreme Court of Minnesota · 1881
3Cited by6 opinions
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Washington Loan & Trust Co. v. McKenzieSupreme Court of Minnesota · 1896
- Shrigley v. BlackSupreme Court of Kansas · 1903
- Brown v. AveryMichigan Supreme Court · 1899
- Pulsifer v. PaxtonSupreme Court of Minnesota · 1942
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