Casey v. McIntyre
Supreme Court of Minnesota
Action to determine defendant’s adverse claim to land in Anoka county, brought in the district court for that county, and tried by Smith, J., whose findings of fact were in substance as follows; On March 15, 1884, one Thomas Casey was owner in fee of the land, and on that day executed to Henry C. Fridley a mortgage thereof with a power of sale, which was duly recorded. On June 14, 1887, the mortgage was duly assigned to John Casey, and the assignment duly recorded.
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Action to determine defendant’s adverse claim to land in Anoka county, brought in the district court for that county, and tried by Smith, J., whose findings of fact were in substance as follows; On March 15, 1884, one Thomas Casey was owner in fee of the land, and on that day executed to Henry C. Fridley a mortgage thereof with a power of sale, which was duly recorded. On June 14, 1887, the mortgage was duly assigned to John Casey, and the assignment duly recorded. On November 15, 1887, default having been made, John Casey attempted to foreclose by advertising and causing the land to be sold…
1Opinion of the CourtVanderburgh, J.
Plaintiff alleges in his complaint that he has been in the actual possession and occupancy of the premises in controversy for more than five years, and is the mortgagee named in and *529the owner of the two mortgages described in the complaint. In the absence of farther allegations, this was enough to entitle plaintiff to maintain the action to determine defendant’s adverse claim.
The pleadings show that, prior to the date of the mortgages mentioned, one Thomas Casey was the owner of the premises, the title to which had passed to one Loomis on the 2d day of April, 1887, and who on that day…
2Cases cited5 opinions
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Western Land Ass'n v. McComberSupreme Court of Minnesota · 1889
- Hough v. Board of County CommissionersSupreme Court of Minnesota · 1864
- Holton v. BowmanSupreme Court of Minnesota · 1884
- Monette v. CrattSupreme Court of Minnesota · 1862
3Cited by8 opinions
- Casserly v. MorrowSupreme Court of Minnesota · 1907
- Federal Home Loan Mortgage Corporation v. Gary E. Mitchell, John DoeCourt of Appeals of Minnesota · 2015
- Fitger v. Alger, Smith & Co.Supreme Court of Minnesota · 1915
- Hammon v. HatfieldSupreme Court of Minnesota · 1934
- Hayes-Broman v. J.P. Morgan Chase Bank, N.A.District Court, D. Minnesota · 2010
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