First National Bank v. Pope
Supreme Court of Minnesota
Action in tbe district court for Blue Earth county to foreclose a real-estate mortgage. The case was tried before Cadwell, J., who found in favor of plaintiff. From an order denying a motion' for a new trial, defendants appealed.
1Opinion of the CourtCollins, J.
The question presented for decision by this appeal may be thus stated: When promissory notes secured by mortgage on real estate have been indorsed, transferred, and sold by the payee (mortgagee) without a formal assignment of-the mortgage, and the purchaser files a claim as a creditor for the amount due against the estate of the payer, who has in the meantime been adjudged an insolvent under our state insolvency laws, which claim is allowed, a dividend is paid and accepted in common with unsecured creditors, the required release of all claims and demands against the insolvent duly filed by…
2Cases cited9 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Kinney v. Duluth Ore Co.Supreme Court of Minnesota · 1894
- George v. SomervilleSupreme Court of Missouri · 1899
- Nicolay v. MallerySupreme Court of Minnesota · 1895
- Nelson v. FerrisMichigan Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009
- Tweto v. HortonSupreme Court of Minnesota · 1903
- Kersten v. KerstenSupreme Court of Minnesota · 1911
- Bloomer v. BurkeSupreme Court of Minnesota · 1904
- Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009