Legal Opinion

Deiber v. Loehr

Supreme Court of Minnesota

Decided November 11, 1890PublishedCited by 2 opinions

Action brought in the district court for Traverse county, to foreclose a purchase-money real-estate mortgage of $1,600, made by defendant Loehr and wife. De Nederlandsch Amerieanscho Land MaatBchappy, a land company, was made a defendant as having .or claiming some interest accrued subsequently to the lien of the mortgage. The Loehrs made default.

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Action brought in the district court for Traverse county, to foreclose a purchase-money real-estate mortgage of $1,600, made by defendant Loehr and wife. De Nederlandsch Amerieanscho Land MaatBchappy, a land company, was made a defendant as having .or claiming some interest accrued subsequently to the lien of the mortgage. The Loehrs made default. The land company answered, alleging a mortgage to itself of the same land, and that its rights thereunder were prior to those of plaintiff. The action was tried by Brown, J., who found the facts in substance as follows: On December 22, 1886, the…

1Opinion of the CourtVanderburgh, J.

The question here presented is whether the mortgage executed by the defendant Loehr to the defendant land company has a legal priority over that executed by him to the plaintiff. The latter was first executed, but the former was first recorded.

1. The answer alleges that the defendant Loehr, the owner of the land in controversy, executed a note for $1,600 to the land company, and to secure the same executed the mortgage mentioned therein; and that when it was recorded the latter had no knowledge or notice of the plaintiff’s mortgage. It is not, however, alleged that the money which the note…

2Cases cited2 opinions

  1. Warner v. FooteSupreme Court of Minnesota · 1889
  2. Baker v. ByerlySupreme Court of Minnesota · 1889

3Cited by2 opinions

  1. Johnson v. Centerville Milling Co.South Dakota Supreme Court · 1916
  2. McKennett v. BarringerSouth Dakota Supreme Court · 1896

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