Marshall v. Thompson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Ramsey county, in March, 1886, against the devisees of the late Horace Thompson, (who died January 28, 1880,) to have a certain deed bearing date November 15, 1876, from plaintiff to one William Fry adjudged to be a mortgage, and given as security for a debt then owing from plaintiff to Thompson, and for an accounting and redemption.
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Plaintiff brought this action in the district court for Ramsey county, in March, 1886, against the devisees of the late Horace Thompson, (who died January 28, 1880,) to have a certain deed bearing date November 15, 1876, from plaintiff to one William Fry adjudged to be a mortgage, and given as security for a debt then owing from plaintiff to Thompson, and for an accounting and redemption. The action was tried by Brill, J.', who ordered judgment for defendants, from which judgment the plaintiff appeals.
1Opinion of the CourtVanderburgh, J.
It is admitted that the relation of mortgagor and mortgagee existed between the plaintiff and Horace Thompson, since deceased, on the 25th day of August, 1876, and that the plaintiff then held the legal title of the mortgaged premises, and that Thompson held a mortgage thereon to secure the note of plaintiff, . then overdue, for $4,000, and interest at 10 per cent., upon which there was on that day a payment made of $1,000, derived from a sale of a portion of the premises. On the 15th day of November following there was found to be due thereon the sum of $3,200. The pleadings and records…
2Cases cited13 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Carr v. . CarrNew York Court of Appeals · 1873
- King v. RemingtonSupreme Court of Minnesota · 1886
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
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3Cited by14 opinions
- Ritchie v. McMullenCourt of Appeals for the Sixth Circuit · 1897
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Fort v. ColbySupreme Court of Iowa · 1913
- Holden Land & Live Stock Co. v. Inter-State Trading Co.Supreme Court of Kansas · 1912
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
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