Legal Opinion

First National Bank of Memphis v. Kidd

Supreme Court of Minnesota

Decided April 15, 1873PublishedCited by 10 opinions

Appeal by the defendant Kidd from an order of the district court for Ramsey county refusing a new trial. The complaint alleges the conveyance by Charles P. Norris to the defendant, Elisha Seymour, on the 22nd March, 1869, of lots 27, 28 and 29, in block 69 in Dayton & Irvine’s addition to St. Paul, and the concurrent execution and delivery by Seymour to Norris of a mortgage on the premises so conveyed, to secure the payment of live promissory notes for the purchase money.

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Appeal by the defendant Kidd from an order of the district court for Ramsey county refusing a new trial. The complaint alleges the conveyance by Charles P. Norris to the defendant, Elisha Seymour, on the 22nd March, 1869, of lots 27, 28 and 29, in block 69 in Dayton & Irvine’s addition to St. Paul, and the concurrent execution and delivery by Seymour to Norris of a mortgage on the premises so conveyed, to secure the payment of live promissory notes for the purchase money. The complaint further alleges the death of Norris in the state of Tennessee, the probate of his will in the county court…

1Opinion of the Court

By the Court.

Berry, J.

This action is brought to foreclose a mortgage of certain real estate in the city of St Paul.

I. A copy of its “ organization certificate,” certified and sealed by the comptroller of the currency, is declared to be “ legal and sufficient evidence” of the corporate existence of a national bank by section 6, chapter 58, Laws U. S. 1863, and *238by section 6, chapter 106, Laws U. S. 1864; see also sections 8 and 62 of latter chapter. Defendant’s objection to the introduction of the copy of the organization certificate of the plaintiff Bank was, therefore, properly overruled.

II.…

2Cited by10 opinions

  1. Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
  2. First National Bank v. LoyhedSupreme Court of Minnesota · 1881
  3. Sucker v. CranmerSupreme Court of Minnesota · 1914
  4. Gorham v. National Life InsuranceSupreme Court of Minnesota · 1895
  5. Finnegan v. EffertzSupreme Court of Minnesota · 1903

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