Travers v. Dorr
Supreme Court of Minnesota
Appéal by the defendants from a judgment of the district court for Ramsey county in favor of plaintiff, pursuant to an order by' Willis, J. Where the grantee of mortgaged premises agrees to pay the debt,, he becomes the principal debtor and the mortgagor a surety, and after notice the creditor cannot extend the time to such grantee and still hold the mortgagor. 3 Pom.
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Appéal by the defendants from a judgment of the district court for Ramsey county in favor of plaintiff, pursuant to an order by' Willis, J. Where the grantee of mortgaged premises agrees to pay the debt,, he becomes the principal debtor and the mortgagor a surety, and after notice the creditor cannot extend the time to such grantee and still hold the mortgagor. 3 Pom. Eq. § 1206; Alt v. Banholzer,. 36 Minn. 57, 29 N. W. 674. Where the grantee buys simply subject to the mortgage, the land, -as between the mortgagor and grantee, is-the primary fund for payment of the debt; and, if the mortgagor…
1Opinion of the CourtMitchell, J.
The complaint is in the ordinary form upon promissory notes executed by defendants to plaintiff. The answer admits the execution of the notes, but alleges that they were secured by several mortgages executed by defendants to plaintiff upon real estate owned by the defendant Bussell R. Dorr; that “thereafter he sold and conveyed the same, and all of the same, to one E. G~. Rogers, who paid the valuable consideration therefor, and that the amount of said notes and mortgages constituted a part and portion of said consideration, and said notes formed and made a part of the purchase price of said…
2Cases cited4 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Murray v. . MarshallNew York Court of Appeals · 1884
- Shepherd v. MaySupreme Court of the United States · 1885
3Cited by22 opinions
- Employers Liability Assurance Corp. v. MorseSupreme Court of Minnesota · 1961
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- North End Savings Bank v. SnowMassachusetts Supreme Judicial Court · 1908
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
- Silverstein v. SasterMassachusetts Supreme Judicial Court · 1934
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