Wilcox v. Davis
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. The Respondent Davis, having the title in fee to certain lands, under Warranty Deeds, and which lands were subject to two outstanding mortgages given by the Respondent’s grantor, purchased, and took an assignment of the senior mortgage, “ with intent,” (as he alleges in the complaint for the foreclosure thereof,) “ to hold the same as the first lien and charge upon the land.”
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APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. The Respondent Davis, having the title in fee to certain lands, under Warranty Deeds, and which lands were subject to two outstanding mortgages given by the Respondent’s grantor, purchased, and took an assignment of the senior mortgage, “ with intent,” (as he alleges in the complaint for the foreclosure thereof,) “ to hold the same as the first lien and charge upon the land.” The answer, without denying this intent, admits the purchase, etc., but sets up certain facts attending the same, which, it is claimed, show an intent to simply pay off…
1Opinion of the CourtFlandeau, J.
By the Court. The answer of the Defendants Wilcox and Barber contains two separate defences. The first one is a prior suit in which the rights of the parties have been litigated and determined in favor of the Defendants, and the second, that the Plaintiff’s mortgage has become merged and extinguished by the union in the Plaintiff of the legal and .equitable estates in the land.
The first defence is well pleaded and issue is taken upon it. The second is demurred to.
In examining the sufficiency of the second defence, we must look to the complaint. It is evident that the pleader in drawing the…
2Cases cited1 opinion
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by18 opinions
- Hathaway v. BrownSupreme Court of Minnesota · 1872
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Langworthy v. GardingSupreme Court of Minnesota · 1898
- Hersey v. BennettSupreme Court of Minnesota · 1881
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