Morey v. City of Duluth
Supreme Court of Minnesota
From an order of the district court for St. Louis county, Cant, J., denying a motion for a new trial, plaintiff appealed. Mortgagees are not “owners” as that term is used in the charter of the city of Duluth. St. Paul & S. C. E. Co. v. Matthews, 16 Minn. 303 (341); Parish v. Gdlmanton, 11 N. H. 293; Crane v. City, 36 N. J. Eq. 339. The existence, force and extent of assessment liens depend upon the statute creating them. Gause v. Bullard, 16 La.
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From an order of the district court for St. Louis county, Cant, J., denying a motion for a new trial, plaintiff appealed. Mortgagees are not “owners” as that term is used in the charter of the city of Duluth. St. Paul & S. C. E. Co. v. Matthews, 16 Minn. 303 (341); Parish v. Gdlmanton, 11 N. H. 293; Crane v. City, 36 N. J. Eq. 339. The existence, force and extent of assessment liens depend upon the statute creating them. Gause v. Bullard, 16 La. An. 107; City v. Greble, 38 Pa. St. 339; Allegheny City’s Appeal, 41 Pa. St. 60; Cook v. State, 101 Ind. 446; State v. 2Etna, 117 Ind. 251. The city…
1Opinion of the CourtStart, C. J.
On August 26, 1890, Messrs. Sherwood, and Smith were the owners in fee of the ten acres of land described in the complaint, which was then vacant and unplatted, without any streets or highways upon it.' On that day they executed a mortgage thereon to the plaintiff,-which was duly recorded, to secure the payment of $10,000 on August 24, 1894, with interest. On February 9, 1891, a petition was duly presented to the common council of the defendant city, praying that a street be opened, graded, and otherwise improved over the land in question and other lands. Thereafter, and in the month of…
2Cases cited5 opinions
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- Severin v. ColeSupreme Court of Iowa · 1874
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- Hennessy v. City of St. PaulSupreme Court of Minnesota · 1893
- Morey v. City of DuluthSupreme Court of Minnesota · 1897
3Cited by20 opinions
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- Baldwin v. MoroneyIndiana Supreme Court · 1910
- Carstens & Earles, Inc. v. City of SeattleWashington Supreme Court · 1915
- O'Dea v. MitchellCalifornia Supreme Court · 1904
- State v. Central Trust Co.Court of Appeals for the Eighth Circuit · 1899
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