Peaslee v. Hart
Supreme Court of Minnesota
Appeal by plaintiff as receiver of the Manufacturers’ Bank of West Duluth, insolvent, from an order of the district court for St. Louis county, Ensign, J., overruling his demurrer to the defendant’s answer.
1Opinion of the Court
START, O. J.
The admitted facts .in this case are as follows:
On September 17, 1891, Harvey P. Smith conveyed by warranty deed, the two lots here in question, then owned by him, to A. E. Dunsmore and Henry M. Waldref, who gave back a purchase-money mortgage on the lots to Smith, to secure a part of the purchase price. This mortgage contained an exception of a mortgage of $1,000, which it was agreed the mortgagors might execute upon the lots, and that it should be a lien thereon prior and superior to the purchase-money mortgage. They executed such mortgage to the defendant James A. Hart on…
2Cited by2 opinions
- White v. RathboneSupreme Court of Minnesota · 1898
- In Re the Petition of Crablex, Inc.Court of Appeals of Minnesota · 2009