Backus v. Burke
Supreme Court of Minnesota
Appeal by defendants, Frank Burke, Jr., Bufus P. Edson, and Wallace Warner, from the judgment of the district court of St. Louis county, Stearns, J., entered May 28,1891, adjudging that the plaintiffs, Hattie M. Backus and Louisa B. Smith, are owners of the land in dispute. Sextus Hoffman owned 90 acres of land in the northeast quarter of section 17, township SO, range 14, in St. Louis county, Minn.
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Appeal by defendants, Frank Burke, Jr., Bufus P. Edson, and Wallace Warner, from the judgment of the district court of St. Louis county, Stearns, J., entered May 28,1891, adjudging that the plaintiffs, Hattie M. Backus and Louisa B. Smith, are owners of the land in dispute. Sextus Hoffman owned 90 acres of land in the northeast quarter of section 17, township SO, range 14, in St. Louis county, Minn. On June 20, 1872, he mortgaged it to Urs Tischer to secure the payment of $2,000 and interest. The mortgage was on the same day recorded in the registry of deeds for St. Louis county. It contained…
1Opinion of the CourtCollins, J.
When Tiseher, as the mortgagee, proceeded to foreclose under the power of sale contained in the Hoffman mortgage, and on November 23, 1874, the day on which the sheriff, in conformity with the published notice, sold the mortgaged premises to Bier-man, through whom the plaintiffs claim title, the reassignment made by the bank to Tiseher had not been recorded, although duly executed and in his possession. It was not put upon record until December 7th. So that when the foreclosure proceedings by advertisement were commenced, and completed by the execution of the sheriff’s certificate of sale,…
2Cases cited14 opinions
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Lee v. ClaryMichigan Supreme Court · 1878
- Morrison v. MendenhallSupreme Court of Minnesota · 1872
- Miller v. ClarkMichigan Supreme Court · 1885
- Baldwin v. AllisonSupreme Court of Minnesota · 1860
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Backus v. BurkeSupreme Court of Minnesota · 1895
- Burke v. BackusSupreme Court of Minnesota · 1892
- Hebden v. BinaNorth Dakota Supreme Court · 1908
- Beecroft v. Deutsche Bank National Trust Co.Court of Appeals of Minnesota · 2011
- Brown v. ComonowNorth Dakota Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.