Archambau v. Green
Supreme Court of Minnesota
Complaint that on July 18, 1857, plaintiff was owner in fee of the east half of the northeast quarter and the east half of the southeast quarter of section 20, in township 119, range 23, in Hennepin county; that on that day the plaintiff, to secure the payment of $165, executed and delivered to William K. Mehaffey and Bernard IT. S. Black a mortgage upon all of said property, which was duly recorded, etc.
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Complaint that on July 18, 1857, plaintiff was owner in fee of the east half of the northeast quarter and the east half of the southeast quarter of section 20, in township 119, range 23, in Hennepin county; that on that day the plaintiff, to secure the payment of $165, executed and delivered to William K. Mehaffey and Bernard IT. S. Black a mortgage upon all of said property, which was duly recorded, etc. That on June 13, 1867, plaintiff bargained and sold to the defendant the west half of the east half of the northeast quarter, and the west half of the east half of the southeast quarter of…
1Opinion of the CourtBerry, J.
As respects the east half of the east half of the northeast quarter, and the east half of. the east half of the southeast quarter, of section 20, town 119, range 23, the transaction between plaintiff and defendant was in effect a mortgage, the purpose of which was to indemnify the defendant against the prior mortgage to Mehaffey & Black, of July 18, 1857. The evidence of the transaction was an absolute deed from plaintiff to defendant, and a bond of even date from defendant to plaintiff. The condition of the bond was that if the plaintiff should, within two years from the date of the bond,…
2Cases cited3 opinions
- Burwell v. TullisSupreme Court of Minnesota · 1867
- Heyward v. JuddSupreme Court of Minnesota · 1860
- King v. MeighenSupreme Court of Minnesota · 1873
3Cited by12 opinions
- Kozisek v. BrighamSupreme Court of Minnesota · 1926
- State ex rel. National Bond & Security Co. v. KrahmerSupreme Court of Minnesota · 1908
- Duncan v. CobbSupreme Court of Minnesota · 1884
- Davis v. SavageNew Mexico Supreme Court · 1946
- Kelley v. LeachmanIdaho Supreme Court · 1892
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