Huitink v. Thompson
Supreme Court of Minnesota
Action in the district court for Hennepin county to set aside the foreclosure of a mortgage executed by defendant Thompson and held by plaintiff under an unrecorded assignment; to set aside certain deeds by which the title acquired under the foreclosure was conveyed to defendant Carrie A. Brigham; to set aside a mortgage executed by Brigham, and the assignment thereof to defendant F. X. Gores; and to foreclose plaintiff’s mortgage.
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Action in the district court for Hennepin county to set aside the foreclosure of a mortgage executed by defendant Thompson and held by plaintiff under an unrecorded assignment; to set aside certain deeds by which the title acquired under the foreclosure was conveyed to defendant Carrie A. Brigham; to set aside a mortgage executed by Brigham, and the assignment thereof to defendant F. X. Gores; and to foreclose plaintiff’s mortgage. The case was tried before Brooks, J.,. who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff- appealed.
1Opinion of the Court
BROWN, J.2
¿fThe facts in this case are as follows: On March 6, 1900, defendants-Thompson were the owners of the real estate involved in this action,, and mortgaged the same to one Casper Ernst to secure the payment of a promissory note for the sum of $675. The mortgage was in all things-duly executed, and properly recorded in the office of the register of deeds upon March 7, 1900. On March 10, 1900, Ernst sold and transferred the promissory note secured by the mortgage to the plaintiff in. this action by a written indorsement on the back of the’note, which by its terms assigned to plaintiff…
2Cases cited8 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Decker v. . BoiceNew York Court of Appeals · 1880
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Swasey v. EmersonMassachusetts Supreme Judicial Court · 1897
- Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Watson v. GoldsteinSupreme Court of Minnesota · 1928
- Citizens National Bank of Connellsville v. Harrison-Doddridge Coal & Coke Co.West Virginia Supreme Court · 1921
- Watts v. LundeenSupreme Court of Minnesota · 1925
- Foss v. DullamSupreme Court of Minnesota · 1910
2 more not listed; retrieve them via the Exa API.