Menard v. Crowe
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county, to determine the adverse claim of the defendants to certain unoccupied real estate, and, by consent, was tried by the court without a jury. At the trial, the plaintiffs proved title in fee in Joseph Menard, on the 30th January, 1858, from whom they derived title in fee by sundry conveyances, subsequent to that date.
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This action was brought in the district court for Hennepin county, to determine the adverse claim of the defendants to certain unoccupied real estate, and, by consent, was tried by the court without a jury. At the trial, the plaintiffs proved title in fee in Joseph Menard, on the 30th January, 1858, from whom they derived title in fee by sundry conveyances, subsequent to that date. To sustain his adverse claim, the defendant, Crowe, offered the following documentary evidence, which was received under the. plaintiffs’ objections, and the plaintiffs duly excepted. 1. The record of a mortgage of…
1Opinion of the Court
By the Court.
Berry, J.
The plaintiffs made several objections to the evidence of foreclosure upon which defendants rely, to establish their claim to the land in controversy in this action.
I. It is objected that the notice of sale does not name the mortgagee. The notice describes the mortgage, as having been “ made, executed and delivered * * * to Isaac Crowe, agent of Abraham Becker.” This is a designation of Crowe, as the mortgagee, i. e., the person to whom the mortgage runs. That he is also styled, “ agent,” &c., is not inconsistent with, nor does it take away, his character as mortgagee.
It…
2Cases cited3 opinions
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Sharp v. DaugneyCalifornia Supreme Court · 1867
- Butterfield v. FarnhamSupreme Court of Minnesota · 1872
3Cited by11 opinions
- Meier v. MeierSupreme Court of Missouri · 1891
- City of Minneapolis v. Republic Creosoting Co.Supreme Court of Minnesota · 1924
- Bailey v. HendricksonNorth Dakota Supreme Court · 1913
- People v. ThomasCalifornia Supreme Court · 1894
- Hokanson v. Western Empire Land Co.Supreme Court of Minnesota · 1916
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