Hostetter v. Alexander
Supreme Court of Minnesota
Action to reform and foreclose a mortgage on real estate, made by defendant to one Irish, to secure the purchase money upon a sale and conveyance of the same real estate by Irish to him, and by Irish assigned, together with the mortgage notes, (which were payable to bearer,) to the plaintiff.
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Action to reform and foreclose a mortgage on real estate, made by defendant to one Irish, to secure the purchase money upon a sale and conveyance of the same real estate by Irish to him, and by Irish assigned, together with the mortgage notes, (which were payable to bearer,) to the plaintiff. Defence, want of title in Irish to the premises conveyed, and consequent failure of the consideration of the notes and mortgage, and a partial payment before the assignment to plaintiff. Trial in the district court for Dodge county, before Lord, J., who found (among other things) that plaintiff purchased…
1Opinion of the CourtBerry, J.
This appeal was taken within six months “ after the entry ” of the judgment appealed from. It was, therefore, in time. Laws 1869, ch. 70s; Humphrey v. Havens, 9 Minn. 318.
The principal question presented by this case was examined and considered in Johnson v. Carpenter, 7 Minn. 176. It was there determined that “ where a debt is secured by a *561mortgage, and also by a negotiable promissory note, tbe mortgage is a chose in action as between tbe mortgagor and any subsequent assignee, and is taken subject to tbe state of accounts between tbe mortgagor and mortgagee at tbe time of tbe assignment; ”…
2Cases cited3 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Johnson v. CarpenterSupreme Court of Minnesota · 1862
- Humphrey v. HavensSupreme Court of Minnesota · 1864
3Cited by14 opinions
- Oster v. MickleySupreme Court of Minnesota · 1886
- Blumenthal v. JassoySupreme Court of Minnesota · 1882
- Scott v. AustinSupreme Court of Minnesota · 1887
- Johnson v. HoweSupreme Court of Minnesota · 1929
- Redin v. BranhanSupreme Court of Minnesota · 1890
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