Campion v. Whitney
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Olmsted county, to restrain the defendants from foreclosing the mortgage mentioned in the opinion, and asking to have it declared void as against their judgments against defendant Thomas Campion.
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Plaintiffs brought this action in the district court for Olmsted county, to restrain the defendants from foreclosing the mortgage mentioned in the opinion, and asking to have it declared void as against their judgments against defendant Thomas Campion. The action was tried before Start, J., without a jury, and upon the facts found, which are recited in the opinion, judgment was ordered and entered, declaring the mortgage a valid lien for the amount due on it, and the plaintiffs appealed. The right of a surety to a release by reason of an extension of time is a personal privilege that must be…
1Opinion of the Court
Beery, J.*
In March, 1872, Cornelias and Thomas Campion made their note, payable in two years, for $389.46 to Bastían, and, to secure the same, mortgaged to him 80 acres of land, of which Thomas was owner. The note was given for money borrowed of Bastían by Cornelius for his own exclusive use and benefit. By as*178signment the note and mortgage came to defendant J. C. Whitney. Of the indebtedness secured by the mortgage, $218.19 remains unpaid. In June, 1880, J. C. Whitney, (then owner of the note and mortgage,) through an agent, extended the time of payment of the mortgage debt, by surrendering…
2Cases cited7 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
- Smith v. . TownsendNew York Court of Appeals · 1862
- Allis v. WareSupreme Court of Minnesota · 1881
- Sanders v. ClasonSupreme Court of Minnesota · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cole v. Exchange National Bank of ChicagoSupreme Court of Florida · 1966
- H. Hackfeld & Co. v. MedcalfHawaii Supreme Court · 1910
- Rusch v. LagermanSupreme Court of Minnesota · 1935