McLaughlin v. Nicholson
Supreme Court of Minnesota
Action in the district court for Wabasha county begun in 1895 by the administrator of the estate of William E. Wording, deceased, to foreclose a mortgage on 120 acres of land. The mortgage was executed in 1876 by defendant Nicholson and her husband in favor of Mary C. Hallock. In 1877 the Nicholsons conveyed the mortgaged premises to defendant Charles Betcher, who assumed the mortgage.
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Action in the district court for Wabasha county begun in 1895 by the administrator of the estate of William E. Wording, deceased, to foreclose a mortgage on 120 acres of land. The mortgage was executed in 1876 by defendant Nicholson and her husband in favor of Mary C. Hallock. In 1877 the Nicholsons conveyed the mortgaged premises to defendant Charles Betcher, who assumed the mortgage. In 1881 her husband was appointed in New York administrator of the estate of the mortgagee, deceased, and his letters of administration were recorded' in Wabasha county. He then in his individual capacity…
1Opinion of the CourtCanty, J.
1. This is an action to foreclose a mortgage. In consideration of the conveyance to him, the appellant Charles Betcher, the grantee of the mortgagors, in the deed of conveyance assumed and agreed to pay the mortgage debt. On the trial the court ordered judgment that plaintiff recover of Betcher the amount of the mortgage debt and for foreclosure, but the judgment as entered does not adjudge that plaintiff recover of Betcher any sum whatever. This appeal is from the judgment.
Appellant Betcher complains of the order for judgment, and contends that he is not liable on his covenant to pay the…
2Cases cited3 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Harper v. CarrollSupreme Court of Minnesota · 1896
- Bank of Commerce v. SmithSupreme Court of Minnesota · 1894
3Cited by6 opinions
- Gibson v. NelsonSupreme Court of Minnesota · 1910
- Wheadon v. MeadSupreme Court of Minnesota · 1898
- Cherveny v. HemzaSupreme Court of Minnesota · 1916
- McLaughlin v. BetcherSupreme Court of Minnesota · 1902
- Hovelsrud v. HovelsrudSupreme Court of Minnesota · 1911
1 more not listed; retrieve them via the Exa API.