Jacoby v. Crowe
Supreme Court of Minnesota
Tbe plaintiff brought this action in the district court for Dodge county, to foreclose a real-estate mortgage executed by the defendant Joel W. Crowe to the- plaintiff, joining as defendants the widow and heirs of one George Hollerith, the Springfield Savings Bank, Jane A. Cudworth, and others. Notice of lis pendens was filed against all the defendants.
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Tbe plaintiff brought this action in the district court for Dodge county, to foreclose a real-estate mortgage executed by the defendant Joel W. Crowe to the- plaintiff, joining as defendants the widow and heirs of one George Hollerith, the Springfield Savings Bank, Jane A. Cudworth, and others. Notice of lis pendens was filed against all the defendants. After the commencement of the action and the filing of such notice, Jane A. Cudworth transferred her interest in the land in controversy to Austin F. Kelley, who was substituted as a party defendant in her place. . The action was tried before…
1Opinion of the CourtMitchell, J.
The mortgage from Crowe to Hollerith, being for purchase-money, and executed simultaneously with the deed of purchase, would, under a familiar rule, take precedence of the mortgage from Crowe to plaintiff, although the latter was executed and recorded first in point of time. * The same rule applies in a case where the mortgage is to another than the vendor, who actually advances the purchase money. Jones, Mortg. § 466; Curtis v. Root, 20 Ill. 518; Jackson v. Austin, 15 John. 477; Bolles v. Carli, 12 Minn. 62, (113;) Jones v. Taintor, 15 Minn. 423, (512.) Hence the suggestion of the appellant…
2Cases cited8 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Bloomer v. HendersonMichigan Supreme Court · 1860
- Cook v. . TravisNew York Court of Appeals · 1859
- Dawson v. Danbury BankMichigan Supreme Court · 1867
- Piper v. JohnstonSupreme Court of Minnesota · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnson v. MelgesSupreme Court of Minnesota · 1925
- O'Halloran v. MarriageSupreme Court of Minnesota · 1926
- Wheadon v. MeadSupreme Court of Minnesota · 1898