King v. McCarthy
Supreme Court of Minnesota
Appeal by defendants, Mary McCarthy, John C. McCarthy, Richard W. Bell, Mary Bell, and James Bell, from an order of the District Court of Ramsey County, Kerr, J., made November 21, 1891, denying their motion for a new trial. On April 21, 1884, one Jeremiah C. McCarthy was the owner of lots four, (4,) five, (5,) six, (6,) and seven, (7,) in Block one hundred and eighty-one, (181,) in Robertson’s Addition to West St. Paul.
Read the full summary
Appeal by defendants, Mary McCarthy, John C. McCarthy, Richard W. Bell, Mary Bell, and James Bell, from an order of the District Court of Ramsey County, Kerr, J., made November 21, 1891, denying their motion for a new trial. On April 21, 1884, one Jeremiah C. McCarthy was the owner of lots four, (4,) five, (5,) six, (6,) and seven, (7,) in Block one hundred and eighty-one, (181,) in Robertson’s Addition to West St. Paul. He was owing considerable sums of money, and there were several judgments docketed against him. There was a mortgage on these lots, and it had been foreclosed, and the- time…
1Opinion of the CourtMitchell, J.
On the trial of this action the sole issue was whether a conveyance from plaintiff’s intestate to the defendant *225Richard W. Bell (the grantor of his codefendants, Mary McCarthy and Mary Bell) was a mortgage or a conditional sale, and the only question on this appeal is whether the finding of the court that it was the former, and not the latter, was justified by the evidence.
No conclusive test of universal application can be suggested to determine whether such transactions are mortgages or conditional sales. Each case must be decided in view of its own peculiar circumstances. The true test is,…
2Cases cited2 opinions
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Fisk v. StewartSupreme Court of Minnesota · 1877
3Cited by24 opinions
- Merryweather v. PendletonArizona Supreme Court · 1962
- Albright v. HenrySupreme Court of Minnesota · 1970
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- King v. McCarthySupreme Court of Minnesota · 1893
- Citizens Bank v. MeyerSupreme Court of Minnesota · 1921
19 more not listed; retrieve them via the Exa API.