Geib v. Reynolds
Supreme Court of Minnesota
Plaintiff, as administrator of Diedrich Thole, who died October 2, 1882, brought this action in the district court for Le Sueur county, praying that a mortgage of certain described lands in that county, made by the defendant Frederick Dieling and his wife to the intestate May 5, 1881, and recorded December 21, 1881, be adjudged to be a lien on the mortgaged premises prior to the liens of certain mortgages of the same premises made by Dieling and wife to the defendants…
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Plaintiff, as administrator of Diedrich Thole, who died October 2, 1882, brought this action in the district court for Le Sueur county, praying that a mortgage of certain described lands in that county, made by the defendant Frederick Dieling and his wife to the intestate May 5, 1881, and recorded December 21, 1881, be adjudged to be a lien on the mortgaged premises prior to the liens of certain mortgages of the same premises made by Dieling and wife to the defendants Eeynolds and Benjamin V. Quackenbush, respectively, in September, 1881, and recorded in the same month. The action was tried…
1Opinion of the CourtMitchell, J.
The application of a few familiar principles to the facts of this case furnisbes an easy solution of the points raised on this appeal.
1. A promissory note given for an antecedent debt does not discharge the debt, unless expressly given and received as absolute payment ; and the burden of proof is upon the party asserting the fact to show that it was so given and received, the presumption being to the contrary. 2 Pars. Cont. 756; Leake, Cont. 890; Nightingale v. Chafee, 11 R. I. 609; Hutchinson v. Swartsweller, 31 N. J. Eq. 205. See, also, Keough v. McNitt, 6 Minn. 357, (513;) Goenen v.…
2Cases cited14 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Wyche v. GreeneSupreme Court of Georgia · 1852
- State ex rel. Attorney General v. Southern Minnesota RailroadSupreme Court of Minnesota · 1871
- Cobb v. DyerSupreme Judicial Court of Maine · 1879
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3Cited by59 opinions
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Tolman v. SmithCalifornia Supreme Court · 1890
- Pearce v. BuellOregon Supreme Court · 1892
- Institute Building & Loan Ass'n v. EdwardsNew Jersey Court of Chancery · 1913
- Gerdine v. MenageSupreme Court of Minnesota · 1889
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