Churchill v. Proctor
Supreme Court of Minnesota
Plaintiff brought this action in tbe district court for Washington county to foreclose a mortgage on a leasehold estate. Tbe allegations of the complaint are recited in tbe opinion. On tbe trial before Crosby, J., the plaintiff, having introduced in evidence her mortgage and notes, offered evidence to prove tbe fraudulent forfeiture of the leasehold estate as alleged, tbe value of tbe premises, and knowledge on tbe part of tbe defendants of tbe facts alleged.
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Plaintiff brought this action in tbe district court for Washington county to foreclose a mortgage on a leasehold estate. Tbe allegations of the complaint are recited in tbe opinion. On tbe trial before Crosby, J., the plaintiff, having introduced in evidence her mortgage and notes, offered evidence to prove tbe fraudulent forfeiture of the leasehold estate as alleged, tbe value of tbe premises, and knowledge on tbe part of tbe defendants of tbe facts alleged. On defendants’ objection this evidence was excluded as incompetent, irrelevant and immaterial, and, plaintiff having rested, tbe court,…
1Opinion of the CourtMitchell, J.
The allegations of plaintiff are, in brief, that defendants Cahill and Townshend held a lease of certain real estate from McKusick for a term of years, subject to a yearly rental, payable quarter-yearly, with the right on the part of the lessor to re-enter and take possession on default of payment of rent; that Cahill and Townshend subsequently conveyed an undivided third of this leasehold estate to defendant Proctor, who afterwards mortgaged it to plaintiff to secure payment of the sum of $8,000 and interest, which is now overdue and unpaid; that Cahill subsequently conveyed his interest to…
2Cases cited6 opinions
- Bank v. Carrollton RailroadSupreme Court of the United States · 1871
- Banning v. BradfordSupreme Court of Minnesota · 1875
- Miller v. BrighamCalifornia Supreme Court · 1875
- Cummings v. FreerMichigan Supreme Court · 1872
- Wilkinson v. GreenMichigan Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Dufault v. UtechtSupreme Court of Minnesota · 1945
- Foster v. JohnsonSupreme Court of Minnesota · 1890
- Redin v. BranhanSupreme Court of Minnesota · 1890
- Wilson v. JamisonSupreme Court of Minnesota · 1886
- Ellis Jones Drug Co. v. CokerMississippi Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.