Legal Opinion

Bartleson v. Thompson

Supreme Court of Minnesota

Decided January 15, 1883PublishedCited by 4 opinions

Plaintiff brought this action of ejectment in the district court for Hennepin county, claiming to be the owner of the premises in controversy, viz., lot 9, in block 56, of Minneapolis. On the trial, before Shatv, J., without a jury, the following facts appeared: On July 30, 1872, William Gould was owner of the lot in question, and on that day mortgaged it to defendant Phelps.

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Plaintiff brought this action of ejectment in the district court for Hennepin county, claiming to be the owner of the premises in controversy, viz., lot 9, in block 56, of Minneapolis. On the trial, before Shatv, J., without a jury, the following facts appeared: On July 30, 1872, William Gould was owner of the lot in question, and on that day mortgaged it to defendant Phelps. On October 21, 1876, a judgment was duly docketed in Hennepin county, in favor of the State National Bank of Minneapolis and against Gould. Subsequently, and on March 28, 1877, and on March 14, 1878, two other judgments…

1Opinion of the Court

Berry, J.*

William Gould, the original source of title, owned the lot in controversy in this action on July 30, 1872, when he mortgaged it to Phelps. By assignments, the mortgage came, on March 22,1876, to Daniel G. Thompson, who, in fact, held it in trust for defendant, Joseph H. Thompson. February 26, 1881, the' lot was sold upon *163foreclosure of the mortgage to Daniel, who, on March 28, 1881, assigned the certificate of sale to Joseph. The State National Bank of Minneapolis, on October 21,1876, recovered and docketed a judgment against Gould in the Hennepin court of common pleas. On an…

2Cases cited1 opinion

  1. Webb v. KennedySupreme Court of Minnesota · 1874

3Cited by4 opinions

  1. State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
  2. Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
  3. Lowry v. AkersSupreme Court of Minnesota · 1892
  4. White v. RathboneSupreme Court of Minnesota · 1898

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