Norton v. Metropolitan Life Insurance
Supreme Court of Minnesota
Action in the district court for St. Louis county, by the executrix and executor of George W. Norton, to foreclose a real estate mortgage upon which a balance of $32,188.65 was claimed to be due, and interest thereon at 8 per cent, from January 15, -1896. The complaint contained a prayer for judgment against defendant West Duluth Land Company, grantee of the mortgagors, for the amount due, and the costs of the foreclosure, and that said defendant and all persons claiming…
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Action in the district court for St. Louis county, by the executrix and executor of George W. Norton, to foreclose a real estate mortgage upon which a balance of $32,188.65 was claimed to be due, and interest thereon at 8 per cent, from January 15, -1896. The complaint contained a prayer for judgment against defendant West Duluth Land Company, grantee of the mortgagors, for the amount due, and the costs of the foreclosure, and that said defendant and all persons claiming under it be barred and foreclosed of any rights in the mortgaged premises. The mortgage originally embraced, among other…
1Opinion of the CourtCanty, J.
This is an action to foreclose the first mortgage on the real estate in question. The second mortgage was made to the Central Trust Company, as trustee, to secure the payment of a large number of bonds, all of which are held by the Metropolitan Insurance Company. The insurance company is in fact the holder of the second mortgage or trust deed, and claims to be the owner of the land under a tax title, which, if valid, is paramount to, and free from the lien of, plaintiffs’ mortgage. Plaintiffs’ mortgage was executed and recorded in January, 1887; the defendants’ mortgage in September, 1888.…
2Cases cited8 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Garrettson v. ScofieldSupreme Court of Iowa · 1876
- McLaughlin v. GreenMississippi Supreme Court · 1873
- Washington Slate Co. v. BurdickSupreme Court of Minnesota · 1895
- Wilson v. JamisonSupreme Court of Minnesota · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
13 more not listed; retrieve them via the Exa API.